BILL NUMBER: AB 1612	CHAPTERED
	BILL TEXT

	CHAPTER  725
	FILED WITH SECRETARY OF STATE  OCTOBER 19, 2010
	APPROVED BY GOVERNOR  OCTOBER 19, 2010
	PASSED THE SENATE  OCTOBER 7, 2010
	PASSED THE ASSEMBLY  OCTOBER 8, 2010
	AMENDED IN SENATE  OCTOBER 6, 2010
	AMENDED IN ASSEMBLY  APRIL 19, 2010

INTRODUCED BY   Committee on Budget (Blumenfield (Chair))

                        JANUARY 11, 2010

   An act to amend Section 1798.24 of the Civil Code, to amend
Sections 9205 and 17555 of the Family Code, to amend Sections 1522,
1596.871, and 102426 of the Health and Safety Code, to add Section
17131.9 to, and to add and repeal Article 4 (commencing with Section
6150) of Chapter 2 of Part 1 of Division 2 of, the Revenue and
Taxation Code, to amend Sections 10533, 10545, 10545.2, 10553.1,
10553.2, 11320.32, 11322.64, 11460, 12301.6, 12302.2, 12305.86,
12306.1, 12309, 12309.2, and 15525 of, to add Sections 11053.2,
11462.045 and 12305.87 to, and to add and repeal Sections 11462.04,
12301.06, 12306.6, and 18906.55 of, the Welfare and Institutions
Code, and to amend Section 43 of Chapter 4 of the Fourth
Extraordinary Session of the Statutes of 2009, relating to human
services, making an appropriation therefor, and declaring the urgency
thereof, to take effect immediately.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1612, Committee on Budget. Human services.
   (1) Existing law prohibits a state agency from disclosing any
personal information in a manner that would link the information
disclosed to the individual to whom it pertains, subject to
prescribed exceptions. One of these exceptions authorizes a state
agency to release personally identifiable data to a nonprofit entity
conducting scientific research, provided the request for information
is approved by the Committee for the Protection of Human Subjects
(CHS) for the California Health and Human Services Agency, or an
institutional review board as specified.
   This bill would, instead, authorize a state agency to release data
to a nonprofit educational institution, and would authorize the
release of data to another nonprofit entity if the data is related to
education.
   (2) Existing law contains various provisions relating to the
disclosure of personal information between adoptees and their
biological siblings, the implementation of which is delayed until
July 1, 2010.
   This bill would delay implementation of these provisions until
July 1, 2011.
   (3) Existing law requires an appropriation made available in the
annual Budget Act for the purposes of augmenting funding for local
child support agencies in the furtherance of their revenue collection
responsibilities to be subject to specified requirements. One of
these requirements is that the Department of Child Support Services
submit an interim report to the fiscal committees of the Legislature
by January 1, 2010, to track and evaluate the impact of the
augmentation on revenue collections and cost-effectiveness.
   This bill would revise this requirement to provide that the
department submit an interim report by January 1 of the year for
which a budget appropriation is made for these purposes.
   (4) Existing law requires the State Department of Social Services,
before issuing a license or special permit to any person to operate
or manage a day care or community care facility, to secure from an
appropriate law enforcement agency a criminal record to determine
whether the applicant or any other specified person has ever been
convicted of various crimes. Existing law provides that, except
during the 2003-04 to the 2009-10 fiscal years, neither the
Department of Justice nor the State Department of Social Services may
charge a fee for the fingerprinting of an applicant for a license to
operate a facility that will provide nonmedical board, room, or
care, a day care center, or a family day care home, that will serve 6
or fewer children, or for obtaining a criminal record of these
applicants.
   This bill would extend these fee exceptions through the 2011-12
fiscal year.
   (5) Existing law requires the State Registrar to instruct all
local registrars who have automated birth registration to
automatically capture specified information in an electronic file,
including the mother's marital status. Existing law prohibits
disclosure of this marital status information except to the State
Department of Public Health and, without any personal identifying
information, to the federal government, for demographic and
statistical analysis.
   This bill would also permit the disclosure of this information to
the Department of Child Support Services for demographic and
statistical analysis.
   (6) Existing law requires the State Department of Social Services
to establish a CalWORKs county peer review process and to implement
the process first in pilot counties, and then statewide no later than
July 1, 2007.
   This bill would, instead, require the department to implement the
process statewide no later than July 1, 2012.
   (7) Existing law provides for the allocation of funds received by
the state from the federal Emergency Contingency Fund for State
Temporary Assistance for Needy Families Programs, in accordance with
the federal American Recovery and Reinvestment Act of 2009 (ARRA), to
pay county costs for certain wage subsidy programs and nonrecurrent
short-term benefit programs, as defined, notwithstanding the
provisions of the existing allocation. These provisions become
inoperative on October 1, 2010, and are repealed as of January 1,
2011.
   This bill would, instead, provide that these provisions become
inoperative, and are repealed, upon the expiration of federal
authority for the Emergency Contingency Fund, as provided in ARRA, or
subsequent federal legislation that extends the fund. This bill
would also provide that, for the purposes of these provisions,
services may be provided to needy youth, as defined.
   (8) Existing law authorizes the Director of Social Services to
enter into an agreement, in accordance with specified federal law,
with any California Indian tribe or any out-of-state Indian tribe
regarding the care and custody of Indian children and jurisdiction
over Indian child custody proceedings, as prescribed.
   This bill would expressly limit an out-of-state Indian tribe with
which the department may enter into a new agreement to one which has
reservation land that extends into this state. The bill would require
an agreement of this nature that relates to adoption assistance to
meet certain service delivery standards, and to provide the local
matching share of costs, as specified.
   (9) Existing law provides for the intercounty transfer of benefits
for recipients of CalWORKs or Medi-Cal benefits that move from one
county to another within the state, as prescribed.
   This bill would require counties, no later than April 1, 2011, to
begin using the applicable intercounty transfer process of
eligibility, as specified, for food stamp recipients who are also
recipients of CalWORKs or Medi-Cal benefits, when a food stamp
recipient moves from one county to another within the state. This
bill would require the State Department of Social Services to
establish, and the counties to begin using, no later than July 1,
2011, a process of intercounty transfer of eligibility for benefits
for food stamp recipients who are not receiving CalWORKs or Medi-Cal
benefits.
   To the extent that this would increase the duties of county
officials who administer public social services programs, this bill
would impose a state-mandated local program.
   (10) Existing law requires the State Department of Social Services
to administer a voluntary Temporary Assistance Program (TAP) to
provide cash assistance and other benefits to specified current and
future CalWORKs recipients who meet the exemption criteria for
participation in welfare-to-work activities and are not single
parents who have a child under one year of age. Existing law requires
that the TAP commence on or before October 1, 2011.
   This bill would extend the date by which the TAP shall commence to
October 1, 2012.
   (11) Existing law requires the State Department of Social
Services, with respect to counties that implement a welfare-to-work
plan that includes designated subsidized work activities, to pay the
county 50% of the participant's wage subsidy, subject to specified
conditions. Under existing law, these provisions are inoperative
until September 30, 2010, unless the department makes specified
determinations concerning the provisions relating to the allocation
of funds received from the federal Emergency Contingency Fund for
State Temporary Assistance for Needy Families Programs.
   This bill would instead make these provisions inoperative until
the expiration date of federal authority for the Emergency
Contingency Fund for State Temporary Assistance for Needy Families
Programs subject to the above-described conditions.
   (12) Existing law, the Aid to Families with Dependent
Children-Foster Care (AFDC-FC) program, provides for payments to
group home providers at a per child per month rate, and in accordance
with prescribed rate classification levels, for the care and
supervision of the AFDC-FC child placed with the provider. Existing
law defines care and supervision for purposes of the AFDC-FC program
to include reasonable travel to and from the child's home for
visitation.
   This bill would also include within the definition of care and
supervision for purposes of the AFDC-FC program reasonable travel for
the child to remain in the school in which he or she is enrolled at
the time of placement. This bill would authorize the department to
implement these provisions by all-county letters or similar
instructions from the department until regulations are adopted.
   This bill would provide that, commencing on the effective date of
this bill, no new group home rate or change to an existing rate shall
be established for a period of one year.
   This bill would also require the State Department of Social
Services to establish a working group to develop revisions to the
current system of setting reimbursement rates for group homes, as
specified.
   (13) Existing law requires the State Department of Social Services
to establish a Work Incentive Nutritional Supplement (WINS) program,
under which each county is required to provide a $40 monthly
additional food assistance benefit for each eligible food stamp
household, as defined. Existing law requires the state to pay the
counties 100% of the cost of WINS benefits, using funds that qualify
for the state's Temporary Assistance for Needy Families (TANF)
program maintenance of effort requirements, as specified. Existing
law prohibits WINS benefits from being paid before October 1, 2011,
and requires full implementation of the program on or before April 1,
2012.
   This bill would extend the time for payment of WINS benefits to
commence to October 1, 2012, and the time for full implementation of
the program to April 1, 2013.
   Existing law authorizes the director to implement the WINS program
by all-county letters by March 1, 2011, pending the adoption of
emergency regulations.
   This bill would extend the time for issuance of all-county letters
to March 1, 2012.
   Existing law requires the department to convene a workgroup on or
before December 1, 2010, comprised of designated representatives, to
consider the progress of the WINS automation effort in tandem with a
preassistance employment readiness system (PAERS) program and any
other program options that may provide offsetting benefits to the
caseload reduction credit in the CalWORKs program. Existing law
prohibits full implementation of the WINS program until the workgroup
is convened.
   This bill would extend the date by which the department is
required to establish the WINS/PAERS workgroup to December 1, 2011,
and would make conforming changes.
   (14) (a) Existing law provides for the county-administered In-Home
Supportive Services (IHSS) program, under which qualified aged,
blind, and disabled persons receive services enabling them to remain
in their own homes. Existing law specifies the maximum hours of
services per month for an IHSS recipient.
   This bill would reduce the hours of service for IHSS recipients by
3.6%, commencing 90 days following the enactment of the bill,
through the 2011-12 fiscal year, after which the recipients
authorized service hours would be restored, as specified. The bill
would authorize the department to implement and administer these
provisions through all-county letters or similar instructions from
the department.
   (b) Existing law provides that when any increase in IHSS provider
wages or benefits is negotiated or agreed to by a public authority or
nonprofit consortium, the county shall use county-only funds for the
state and county share of any increase in the program, unless
otherwise provided in the Budget Act or appropriated by statute.
   Existing law establishes a formula with regard to provider wages
or benefits increases negotiated or agreed to by a public authority
or nonprofit consortium, and specifies the percentages required to be
paid by the state and counties, beginning with the 2000-01 fiscal
year, with regard to the nonfederal share of any increases.
Notwithstanding the existing formula, existing law limits state
participation to a total cost of wages up to $9.50 per hour and
individual health benefits up to $0.60 per hour, commencing July 1,
2009, unless a specified notice is made by the Director of Finance to
the Joint Legislative Budget Committee, in accordance with a
designated section of the Government Code.
   This bill would delay implementation of the provisions that limit
state participation in IHSS wages and benefits to $9.50 per hour and
$0.60 per hour, respectively until July 1, 2012, and would further
condition implementation on issuance by a court of competent
jurisdiction of a specified order validating the wage and benefit
reductions.
   (c) Existing law limits eligibility for each domestic or related
service under the IHSS program to a recipient who is assessed at a
rank 4 or 5, as defined.
   This bill would delay implementation of this eligibility
limitation, until July 1, 2012, and would further condition
implementation on issuance by a court of competent jurisdiction of a
specified order validating the eligibility limitation.
   (d) Existing law, subject to prescribed exceptions, requires a
recipient of IHSS services to be assigned a functional index score,
as defined, and requires a determination of eligibility for services
to be based upon these scores, as specified.
   This bill would delay implementation of the requirement for a
functional index score, until July 1, 2012, and would further
condition implementation on issuance by a court of competent
jurisdiction of a specified order validating the functional index
score requirement.
   (e) To the extent that the foregoing provisions of this bill
relating to program reductions would increase the duties of counties
administering the IHSS program, the bill would impose a
state-mandated local program.
   (f) Existing law requires that criminal background checks be
conducted for prospective and existing IHSS providers. Under existing
law, if an applicant or provider is rejected as a result of
information in a criminal background report, the applicant or
provider shall receive a copy of the report to review the information
for accuracy and completeness. Existing law requires the applicant
or provider to be advised of his or her right to submit a formal
challenge, as specified, if the applicant or provider finds
information in the report to be inaccurate or incomplete.
   The bill would require a nonprofit consortium, public authority,
or county with criminal background check authority to secure a
criminal background check clearance to accept a clearance for certain
individuals who have been deemed eligible to receive payment under
the IHSS program by another nonprofit consortium, public authority,
or county with criminal background check authority. To the extent
that these procedures would impose additional duties on counties
administering the IHSS program, this bill would create a
state-mandated local program.
   (g) Existing law prohibits a person from providing supportive
services if he or she has been convicted of specified crimes in the
previous 10 years. Under existing law, the State Department of Social
Services and the State Department of Health Care Services are
required to develop a provider enrollment form that each person
seeking to provide supportive services shall complete, sign under
penalty of perjury, and submit to the county, containing designated
statements relating to the provider's criminal history.
   This bill would specify other criminal convictions, including
convictions for certain violent and serious felonies, fraud in the
obtaining of aid, and designated felony sex offenses, that would
preclude specified provider applicants from becoming a provider of
in-home supportive services, in addition to the criminal convictions
that exclude a person from providing or being paid to provide in-home
supportive services under existing law. The bill would apply the new
criminal conviction exclusions commencing 90 days following the
effective date of the bill. The bill would require the provider
enrollment form to be revised to include the excludable criminal
convictions provided for by the bill.
   This bill would authorize a recipient of in-home supportive
services to employ a particular provider who has been convicted of an
excludable offense identified in the bill, by submitting an
individual waiver to the county, as specified. The bill would
prescribe the county's duties with respect to processing and granting
these individual waivers. The bill also would authorize a provider
applicant with an excludable criminal conviction to seek a general
exception, in order to provide in-home supportive services to the
general recipient population, and would prescribe criteria to be used
by the State Department of Social Services in determining whether to
grant the exception. This bill would specify applicable notice and
administrative hearing requirements, and other duties of the
department in connection with the implementation of the bill.
   By changing the definition of the crime of perjury, and by
increasing duties of counties administering the In-Home Supportive
Services program, this bill would impose a state-mandated local
program.
   (15) The Sales and Use Tax Law imposes a sales tax on retailers
for the privilege of selling tangible personal property at retail,
measured by the gross receipts from the sale of tangible personal
property sold at retail in this state. A violation of specified
provisions of this law is a crime.
   This bill would impose a sales tax on providers of support
services for the privilege of selling support services at retail,
measured by the gross receipts from the sale of those services in
this state at a specified rate of those gross receipts. This bill
would specify that a seller is the State Department of Social
Services, a county, or other person or entity, as provided. It would
require sellers to collect, report, and pay the sales tax. This bill
would provide for the administration of the tax by the State Board of
Equalization. By changing the definition of a crime, the bill would
impose a state-mandated local program.
   The bill would also create the Personal Care IHSS Quality
Assurance Revenue Fund in the State Treasury, and would require the
revenue from the tax, less refunds, to be deposited in the fund. The
bill would provide that the fund is continuously appropriated to the
State Department of Social Services for purposes of supplementary
payments to providers of in-home supportive services.
   This bill would require providers of in-home supportive services
to be paid a supplementary payment equal to a prescribed percentage
of the gross receipts of the provider, plus additional amounts, as
specified. The bill would require the supplementary payment to be
made from the Personal Care IHSS Quality Assurance Fund. The bill
would require specified amounts to be transferred, on an ongoing
basis, from the General Fund to the Personal Care IHSS Quality
Assurance Fund, thereby making an appropriation. This bill would also
require an amount to be transferred from the General Fund to the
Personal Care IHSS Quality Assurance Fund, in the form of a loan, for
initial implementation costs. The bill would exclude the
supplementary payment from gross income and would make related
changes. To the extent that the bill would increase the duties of
counties administering the IHSS program, this bill would impose a
state-mandated local program.
   This bill would provide that its provisions shall be operative
only if the Director of Health Care Services obtains necessary
federal approvals, and be implemented commencing on the date
permitted under that federal approval. This bill would make the
provisions of the bill inoperative and repeal the provisions under
specified circumstances.
   (16) Existing law requires each county to pay 30% of the
nonfederal costs of administering the Food Stamp program.
   Existing law also requires counties to expend an amount for
programs that provide services to needy families that, when combined
with the funds expended above for the administration of the Food
Stamp program, equals or exceeds the amount spent by the county for
corresponding activities during the 1996-97 fiscal year.
   This bill would provide that any county that equals or exceeds the
amount spent by the county for corresponding activities during the
1996-97 fiscal year entirely through expenditures for the
administration of the Food Stamp program in fiscal years 2010-11 and
2011-12, shall receive the full state General Fund allocation for the
administration of food stamps without paying the county's share of
the nonfederal costs for the amount above the 1996-97 expenditure
requirement.
   (17) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that with regard to certain mandates no
reimbursement is required by this act for a specified reason.
   With regard to any other mandates, this bill would provide that,
if the Commission on State Mandates determines that the bill contains
costs so mandated by the state, reimbursement for those costs shall
be made pursuant to the statutory provisions noted above.
   (18) This bill would declare that it is to take effect immediately
as an urgency statute.
   Appropriation: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 1798.24 of the Civil Code is amended to read:
   1798.24.  No agency may disclose any personal information in a
manner that would link the information disclosed to the individual to
whom it pertains unless the information is disclosed, as follows:
   (a) To the individual to whom the information pertains.
   (b) With the prior written voluntary consent of the individual to
whom the record pertains, but only if that consent has been obtained
not more than 30 days before the disclosure, or in the time limit
agreed to by the individual in the written consent.
   (c) To the duly appointed guardian or conservator of the
individual or a person representing the individual if it can be
proven with reasonable certainty through the possession of agency
forms, documents or correspondence that this person is the authorized
representative of the individual to whom the information pertains.
   (d) To those officers, employees, attorneys, agents, or volunteers
of the agency that has custody of the information if the disclosure
is relevant and necessary in the ordinary course of the performance
of their official duties and is related to the purpose for which the
information was acquired.
   (e) To a person, or to another agency where the transfer is
necessary for the transferee agency to perform its constitutional or
statutory duties, and the use is compatible with a purpose for which
the information was collected and the use or transfer is accounted
for in accordance with Section 1798.25. With respect to information
transferred from a law enforcement or regulatory agency, or
information transferred to another law enforcement or regulatory
agency, a use is compatible if the use of the information requested
is needed in an investigation of unlawful activity under the
jurisdiction of the requesting agency or for licensing,
certification, or regulatory purposes by that agency.
   (f) To a governmental entity when required by state or federal
law.
   (g) Pursuant to the California Public Records Act (Chapter 3.5
(commencing with Section 6250) of Division 7 of Title 1 of the
Government Code).
   (h) To a person who has provided the agency with advance, adequate
written assurance that the information will be used solely for
statistical research or reporting purposes, but only if the
information to be disclosed is in a form that will not identify any
individual.
   (i) Pursuant to a determination by the agency that maintains
information that compelling circumstances exist that affect the
health or safety of an individual, if upon the disclosure
notification is transmitted to the individual to whom the information
pertains at his or her last known address. Disclosure shall not be
made if it is in conflict with other state or federal laws.
   (j) To the State Archives as a record that has sufficient
historical or other value to warrant its continued preservation by
the California state government, or for evaluation by the Director of
General Services or his or her designee to determine whether the
record has further administrative, legal, or fiscal value.
   (k) To any person pursuant to a subpoena, court order, or other
compulsory legal process if, before the disclosure, the agency
reasonably attempts to notify the individual to whom the record
pertains, and if the notification is not prohibited by law.
   (l) To any person pursuant to a search warrant.
   (m) Pursuant to Article 3 (commencing with Section 1800) of
Chapter 1 of Division 2 of the Vehicle Code.
   (n) For the sole purpose of verifying and paying government health
care service claims made pursuant to Division 9 (commencing with
Section 10000) of the Welfare and Institutions Code.
   (o) To a law enforcement or regulatory agency when required for an
investigation of unlawful activity or for licensing, certification,
or regulatory purposes, unless the disclosure is otherwise prohibited
by law.
   (p) To another person or governmental organization to the extent
necessary to obtain information from the person or governmental
organization as necessary for an investigation by the agency of a
failure to comply with a specific state law that the agency is
responsible for enforcing.
   (q) To an adopted person and is limited to general background
information pertaining to the adopted person's natural parents,
provided that the information does not include or reveal the identity
of the natural parents.
   (r) To a child or a grandchild of an adopted person and disclosure
is limited to medically necessary information pertaining to the
adopted person's natural parents. However, the information, or the
process for obtaining the information, shall not include or reveal
the identity of the natural parents. The State Department of Social
Services shall adopt regulations governing the release of information
pursuant to this subdivision by July 1, 1985. The regulations shall
require licensed adoption agencies to provide the same services
provided by the department as established by this subdivision.
   (s) To a committee of the Legislature or to a Member of the
Legislature, or his or her staff when authorized in writing by the
member, where the member has permission to obtain the information
from the individual to whom it pertains or where the member provides
reasonable assurance that he or she is acting on behalf of the
individual.
   (t) (1) To the University of California, a nonprofit educational
institution, or, in the case of education-related data, another
nonprofit entity, conducting scientific research, provided the
request for information is approved by the Committee for the
Protection of Human Subjects (CPHS) for the California Health and
Human Services Agency (CHHSA) or an institutional review board, as
authorized in paragraphs (4) and (5). The approval required under
this subdivision shall include a review and determination that all
the following criteria have been satisfied:
   (A) The researcher has provided a plan sufficient to protect
personal information from improper use and disclosures, including
sufficient administrative, physical, and technical safeguards to
protect personal information from reasonable anticipated threats to
the security or confidentiality of the information.
   (B) The researcher has provided a sufficient plan to destroy or
return all personal information as soon as it is no longer needed for
the research project, unless the researcher has demonstrated an
ongoing need for the personal information for the research project
and has provided a long-term plan sufficient to protect the
confidentiality of that information.
   (C) The researcher has provided sufficient written assurances that
the personal information will not be reused or disclosed to any
other person or entity, or used in any manner, not approved in the
research protocol, except as required by law or for authorized
oversight of the research project.
   (2) The CPHS or institutional review board shall, at a minimum,
accomplish all of the following as part of its review and approval of
the research project for the purpose of protecting personal
information held in agency databases:
   (A) Determine whether the requested personal information is needed
to conduct the research.
   (B) Permit access to personal information only if it is needed for
the research project.
   (C) Permit access only to the minimum necessary personal
information needed for the research project.
   (D) Require the assignment of unique subject codes that are not
derived from personal information in lieu of social security numbers
if the research can still be conducted without social security
numbers.
   (E) If feasible, and if cost, time, and technical expertise
permit, require the agency to conduct a portion of the data
processing for the researcher to minimize the release of personal
information.
   (3) Reasonable costs to the agency associated with the agency's
process of protecting personal information under the conditions of
CPHS approval may be billed to the researcher, including, but not
limited to, the agency's costs for conducting a portion of the data
processing for the researcher, removing personal information,
encrypting or otherwise securing personal information, or assigning
subject codes.
   (4) The CPHS may enter into written agreements to enable other
institutional review boards to provide the data security approvals
required by this subdivision, provided the data security requirements
set forth in this subdivision are satisfied.
   (5) Pursuant to paragraph (4), the CPHS shall enter into a written
agreement with the institutional review board established pursuant
to Section 49079.5 of the Education Code. The agreement shall
authorize, commencing July 1, 2010, or the date upon which the
written agreement is executed, whichever is later, that board to
provide the data security approvals required by this subdivision,
provided the data security requirements set forth in this subdivision
and the act specified in paragraph (1) of subdivision (a) of Section
49079.5 are satisfied.
   (u) To an insurer if authorized by Chapter 5 (commencing with
Section 10900) of Division 4 of the Vehicle Code.
   (v) Pursuant to Section 280, 282, 8009, or 18396 of the Financial
Code.
   This article shall not be construed to require the disclosure of
personal information to the individual to whom the information
pertains when that information may otherwise be withheld as set forth
in Section 1798.40.
  SEC. 2.  Section 9205 of the Family Code is amended to read:
   9205.  (a) Notwithstanding any other law, the department or
adoption agency that joined in the adoption petition shall release
the names and addresses of siblings to one another if both of the
siblings have attained 18 years of age and have filed the following
with the department or agency:
   (1) A current address.
   (2) A written request for contact with any sibling whose existence
is known to the person making the request.
   (3) A written waiver of the person's rights with respect to the
disclosure of the person's name and address to the sibling, if the
person is an adoptee.
   (b) Upon inquiry and proof that a person is the sibling of an
adoptee who has filed a waiver pursuant to this section, the
department or agency may advise the sibling that a waiver has been
filed by the adoptee. The department or agency may charge a
reasonable fee, not to exceed fifty dollars ($50), for providing the
service required by this section.
   (c) An adoptee may revoke a waiver filed pursuant to this section
by giving written notice of revocation to the department or agency.
   (d) The department shall adopt a form for the request authorized
by this section. The form shall provide for an affidavit to be
executed by a person seeking to employ the procedure provided by this
section that, to the best of the person's knowledge, the person is
an adoptee or sibling of an adoptee. The form also shall contain a
notice of an adoptee's rights pursuant to subdivision (c) and a
statement that information will be disclosed only if there is a
currently valid waiver on file with the department or agency. The
department may adopt regulations requiring any additional means of
identification from a person making a request pursuant to this
section as it deems necessary.
   (e) The department or agency may not solicit the execution of a
waiver authorized by this section. However, the department shall
announce the availability of the procedure authorized by this
section, utilizing a means of communication appropriate to inform the
public effectively.
   (f) Notwithstanding the age requirement described in subdivision
(a), an adoptee or sibling who is under 18 years of age may file a
written waiver of confidentiality for the release of his or her name,
address, and telephone number pursuant to this section provided
that, if an adoptee, the adoptive parent consents, and, if a sibling,
the sibling's legal parent or guardian consents. If the sibling is
under the jurisdiction of the dependency court and has no legal
parent or guardian able or available to provide consent, the
dependency court may provide that consent.
   (g) Notwithstanding subdivisions (a) and (e), an adoptee or
sibling who seeks contact with the other for whom no waiver is on
file may petition the court to appoint a confidential intermediary.
If the sibling being sought is the adoptee, the intermediary shall be
the department or licensed adoption agency that provided adoption
services as described in Section 8521 or 8533. If the sibling being
sought was formerly under the jurisdiction of the juvenile court, but
is not an adoptee, the intermediary shall be the department, the
county child welfare agency that provided services to the dependent
child, or the licensed adoption agency that provided adoption
services to the sibling seeking contact, as appropriate. If the court
finds that the licensed adoption agency that conducted the adoptee's
adoption is unable, due to economic hardship, to serve as the
intermediary, then the agency shall provide all records related to
the adoptee or the sibling to the court and the court shall appoint
an alternate confidential intermediary. The court shall grant the
petition unless it finds that it would be detrimental to the adoptee
or sibling with whom contact is sought. The intermediary shall have
access to all records of the adoptee or the sibling and shall make
all reasonable efforts to locate and attempt to obtain the consent of
the adoptee, sibling, or adoptive or birth parent, as required to
make the disclosure authorized by this section. The confidential
intermediary shall notify any located adoptee, sibling, or adoptive
or birth parent that consent is optional, not required by law, and
does not affect the status of the adoption. If that individual denies
the request for consent, the confidential intermediary shall not
make any further attempts to obtain consent. The confidential
intermediary shall use information found in the records of the
adoptee or the sibling for authorized purposes only, and may not
disclose that information without authorization. If contact is sought
with an adoptee or sibling who is under 18 years of age, the
confidential intermediary shall contact and obtain the consent of
that child's legal parent before contacting the child. If the sibling
is under 18 years of age, under the jurisdiction of the dependency
court, and has no legal parent or guardian able or available to
provide consent, the intermediary shall obtain that consent from the
dependency court. If the adoptee is seeking information regarding a
sibling who is known to be a dependent child of the juvenile court,
the procedures set forth in subdivision (b) of Section 388 of the
Welfare and Institutions Code shall be utilized. If the adoptee is
foreign born and was the subject of an intercountry adoption as
defined in Section 8527, the adoption agency may fulfill the
reasonable efforts requirement by utilizing all information in the
agency's case file, and any information received upon request from
the foreign adoption agency that conducted the adoption, if any, to
locate and attempt to obtain the consent of the adoptee, sibling, or
adoptive or birth parent. If that information is neither in the
agency's case file, nor received from the foreign adoption agency, or
if the attempts to locate are unsuccessful, then the agency shall be
relieved of any further obligation to search for the adoptee or the
sibling.
   (h) For purposes of this section, "sibling" means a biological
sibling, half-sibling, or step-sibling of the adoptee.
   (i) Implementation of the amendments made to this section by
Chapter 386 of the Statutes of 2006 shall be delayed until July 1,
2011. It is the intent of the Legislature that implementation of some
or all of the changes made to Section 9205 of the Family Code by
Chapter 386 of the Statutes of 2006 shall continue, to the extent
possible.
  SEC. 3.  Section 17555 of the Family Code is amended to read:
   17555.  (a)  Any appropriation made available in the annual Budget
Act for the purposes of augmenting funding for local child support
agencies in the furtherance of their revenue collection
responsibilities shall be subject to all of the following
requirements:
   (1) Each local child support agency shall submit to the department
an early intervention plan with all components to take effect upon
receipt of their additional allocation as a result of this proposal.
   (2) Funds shall be distributed to counties based on their
performance on the following two federal performance measures:
   (A) Measure 3: Collections on Current Support.
   (B) Measure 4: Cases with Collections on Arrears.
   (3) Notwithstanding Section 10231.5 of the Government Code, the
department shall submit an interim report to the fiscal committees of
the Legislature by January 1 of any year for which a budget
appropriation for this purpose is made, to track and evaluate the
impact of the augmentation on revenue collections and
cost-effectiveness, with an additional oral report to be provided
during the spring subcommittee review process.
   (4) A local child support agency shall be required to use and
ensure that 100 percent of the new funds allocated are dedicated to
maintaining caseworker staffing levels in order to stabilize child
support collections.
   (5) At the end of each fiscal year that this augmentation is in
effect, the department shall provide a report on the
cost-effectiveness of this augmentation, including an assessment of
caseload changes over time.
   (b) It is the intent of the Legislature to review the results of
this augmentation and the level of related appropriation during the
legislative budget review process.
  SEC. 4.  Section 1522 of the Health and Safety Code is amended to
read:
   1522.  The Legislature recognizes the need to generate timely and
accurate positive fingerprint identification of applicants as a
condition of issuing licenses, permits, or certificates of approval
for persons to operate or provide direct care services in a community
care facility, foster family home, or a certified family home of a
licensed foster family agency. Therefore, the Legislature supports
the use of the fingerprint live-scan technology, as identified in the
long-range plan of the Department of Justice for fully automating
the processing of fingerprints and other data by the year 1999,
otherwise known as the California Crime Information Intelligence
System (CAL-CII), to be used for applicant fingerprints. It is the
intent of the Legislature in enacting this section to require the
fingerprints of those individuals whose contact with community care
clients may pose a risk to the clients' health and safety. An
individual shall be required to obtain either a criminal record
clearance or a criminal record exemption from the State Department of
Social Services before his or her initial presence in a community
care facility.
   (a) (1) Before issuing a license or special permit to any person
or persons to operate or manage a community care facility, the State
Department of Social Services shall secure from an appropriate law
enforcement agency a criminal record to determine whether the
applicant or any other person specified in subdivision (b) has ever
been convicted of a crime other than a minor traffic violation or
arrested for any crime specified in Section 290 of the Penal Code,
for violating Section 245 or 273.5, of the Penal Code, subdivision
(b) of Section 273a of the Penal Code, or, prior to January 1, 1994,
paragraph (2) of Section 273a of the Penal Code, or for any crime for
which the department cannot grant an exemption if the person was
convicted and the person has not been exonerated.
   (2) The criminal history information shall include the full
criminal record, if any, of those persons, and subsequent arrest
information pursuant to Section 11105.2 of the Penal Code.
   (3) Except during the 2003-04 to the 2011-12 fiscal years,
inclusive, neither the Department of Justice nor the State Department
of Social Services may charge a fee for the fingerprinting of an
applicant for a license or special permit to operate a facility
providing nonmedical board, room, and care for six or less children
or for obtaining a criminal record of the applicant pursuant to this
section.
   (4) The following shall apply to the criminal record information:
   (A) If the State Department of Social Services finds that the
applicant, or any other person specified in subdivision (b), has been
convicted of a crime other than a minor traffic violation, the
application shall be denied, unless the director grants an exemption
pursuant to subdivision (g).
   (B) If the State Department of Social Services finds that the
applicant, or any other person specified in subdivision (b) is
awaiting trial for a crime other than a minor traffic violation, the
State Department of Social Services may cease processing the
application until the conclusion of the trial.
   (C) If no criminal record information has been recorded, the
Department of Justice shall provide the applicant and the State
Department of Social Services with a statement of that fact.
   (D) If the State Department of Social Services finds after
licensure that the licensee, or any other person specified in
paragraph (1) of subdivision (b), has been convicted of a crime other
than a minor traffic violation, the license may be revoked, unless
the director grants an exemption pursuant to subdivision (g).
   (E) An applicant and any other person specified in subdivision (b)
shall submit fingerprint images and related information to the
Department of Justice for the purpose of searching the criminal
records of the Federal Bureau of Investigation, in addition to the
criminal records search required by this subdivision. If an applicant
and all other persons described in subdivision (b) meet all of the
conditions for licensure, except receipt of the Federal Bureau of
Investigation's criminal offender record information search response
for the applicant or any of the persons described in subdivision (b),
the department may issue a license if the applicant and each person
described in subdivision (b) has signed and submitted a statement
that he or she has never been convicted of a crime in the United
States, other than a traffic infraction, as defined in paragraph (1)
of subdivision (a) of Section 42001 of the Vehicle Code. If, after
licensure, the department determines that the licensee or any other
person specified in subdivision (b) has a criminal record, the
license may be revoked pursuant to Section 1550. The department may
also suspend the license pending an administrative hearing pursuant
to Section 1550.5.
   (F) The State Department of Social Services shall develop
procedures to provide the individual's state and federal criminal
history information with the written notification of his or her
exemption denial or revocation based on the criminal record. Receipt
of the criminal history information shall be optional on the part of
the individual, as set forth in the agency's procedures. The
procedure shall protect the confidentiality and privacy of the
individual's record, and the criminal history information shall not
be made available to the employer.
   (G) Notwithstanding any other law, the department is authorized to
provide an individual with a copy of his or her state or federal
level criminal offender record information search response as
provided to that department by the Department of Justice if the
department has denied a criminal background clearance based on this
information and the individual makes a written request to the
department for a copy specifying an address to which it is to be
sent. The state or federal level criminal offender record information
search response shall not be modified or altered from its form or
content as provided by the Department of Justice and shall be
provided to the address specified by the individual in his or her
written request. The department shall retain a copy of the individual'
s written request and the response and date provided.
   (b) (1) In addition to the applicant, this section shall be
applicable to criminal convictions of the following persons:
   (A) Adults responsible for administration or direct supervision of
staff.
   (B) Any person, other than a client, residing in the facility.
   (C) Any person who provides client assistance in dressing,
grooming, bathing, or personal hygiene. Any nurse assistant or home
health aide meeting the requirements of Section 1338.5 or 1736.6,
respectively, who is not employed, retained, or contracted by the
licensee, and who has been certified or recertified on or after July
1, 1998, shall be deemed to meet the criminal record clearance
requirements of this section. A certified nurse assistant and
certified home health aide who will be providing client assistance
and who falls under this exemption shall provide one copy of his or
her current certification, prior to providing care, to the community
care facility. The facility shall maintain the copy of the
certification on file as long as care is being provided by the
certified nurse assistant or certified home health aide at the
facility. Nothing in this paragraph restricts the right of the
department to exclude a certified nurse assistant or certified home
health aide from a licensed community care facility pursuant to
Section 1558.
   (D) Any staff person, volunteer, or employee who has contact with
the clients.
   (E) If the applicant is a firm, partnership, association, or
corporation, the chief executive officer or other person serving in
like capacity.
   (F) Additional officers of the governing body of the applicant, or
other persons with a financial interest in the applicant, as
determined necessary by the department by regulation. The criteria
used in the development of these regulations shall be based on the
person's capability to exercise substantial influence over the
operation of the facility.
   (2) The following persons are exempt from the requirements
applicable under paragraph (1):
   (A) A medical professional as defined in department regulations
who holds a valid license or certification from the person's
governing California medical care regulatory entity and who is not
employed, retained, or contracted by the licensee if all of the
following apply:
   (i) The criminal record of the person has been cleared as a
condition of licensure or certification by the person's governing
California medical care regulatory entity.
   (ii) The person is providing time-limited specialized clinical
care or services.
   (iii) The person is providing care or services within the person's
scope of practice.
                                                (iv) The person is
not a community care facility licensee or an employee of the
facility.
   (B) A third-party repair person or similar retained contractor if
all of the following apply:
   (i) The person is hired for a defined, time-limited job.
   (ii) The person is not left alone with clients.
   (iii) When clients are present in the room in which the repair
person or contractor is working, a staff person who has a criminal
record clearance or exemption is also present.
   (C) Employees of a licensed home health agency and other members
of licensed hospice interdisciplinary teams who have a contract with
a client or resident of the facility and are in the facility at the
request of that client or resident's legal decisionmaker. The
exemption does not apply to a person who is a community care facility
licensee or an employee of the facility.
   (D) Clergy and other spiritual caregivers who are performing
services in common areas of the community care facility or who are
advising an individual client at the request of, or with the
permission of, the client or legal decisionmaker, are exempt from
fingerprint and criminal background check requirements imposed by
community care licensing. This exemption does not apply to a person
who is a community care licensee or employee of the facility.
   (E) Members of fraternal, service, or similar organizations who
conduct group activities for clients if all of the following apply:
   (i) Members are not left alone with clients.
   (ii) Members do not transport clients off the facility premises.
   (iii) The same organization does not conduct group activities for
clients more often than defined by the department's regulations.
   (3) In addition to the exemptions in paragraph (2), the following
persons in foster family homes, certified family homes, and small
family homes are exempt from the requirements applicable under
paragraph (1):
   (A) Adult friends and family of the licensed or certified foster
parent, who come into the home to visit for a length of time no
longer than defined by the department in regulations, provided that
the adult friends and family of the licensee are not left alone with
the foster children. However, the licensee, acting as a reasonable
and prudent parent, as defined in paragraph (2) of subdivision (a) of
Section 362.04 of the Welfare and Institutions Code, may allow his
or her adult friends and family to provide short-term care to the
foster child and act as an appropriate occasional short-term
babysitter for the child.
   (B) Parents of a foster child's friend when the foster child is
visiting the friend's home and the friend, licensed or certified
foster parent, or both are also present. However, the licensee,
acting as a reasonable and prudent parent, may allow the parent of
the foster child's friend to act as an appropriate short-term
babysitter for the child without the friend being present.
   (C) Individuals who are engaged by any licensed or certified
foster parent to provide short-term care to the child for periods not
to exceed 24 hours. Caregivers shall use a reasonable and prudent
parent standard in selecting appropriate individuals to act as
appropriate occasional short-term babysitters.
   (4) In addition to the exemptions specified in paragraph (2), the
following persons in adult day care and adult day support centers are
exempt from the requirements applicable under paragraph (1):
   (A) Unless contraindicated by the client's individualized program
plan (IPP) or needs and service plan, a spouse, significant other,
relative, or close friend of a client, or an attendant or a
facilitator for a client with a developmental disability if the
attendant or facilitator is not employed, retained, or contracted by
the licensee. This exemption applies only if the person is visiting
the client or providing direct care and supervision to the client.
   (B) A volunteer if all of the following applies:
   (i) The volunteer is supervised by the licensee or a facility
employee with a criminal record clearance or exemption.
   (ii) The volunteer is never left alone with clients.
   (iii) The volunteer does not provide any client assistance with
dressing, grooming, bathing, or personal hygiene other than washing
of hands.
   (5) (A) In addition to the exemptions specified in paragraph (2),
the following persons in adult residential and social rehabilitation
facilities, unless contraindicated by the client's individualized
program plan (IPP) or needs and services plan, are exempt from the
requirements applicable under paragraph (1): a spouse, significant
other, relative, or close friend of a client, or an attendant or a
facilitator for a client with a developmental disability if the
attendant or facilitator is not employed, retained, or contracted by
the licensee. This exemption applies only if the person is visiting
the client or providing direct care and supervision to that client.
   (B) Nothing in this subdivision shall prevent a licensee from
requiring a criminal record clearance of any individual exempt from
the requirements of this section, provided that the individual has
client contact.
   (6) Any person similar to those described in this subdivision, as
defined by the department in regulations.
   (c) (1) Subsequent to initial licensure, a person specified in
subdivision (b) who is not exempted from fingerprinting shall obtain
either a criminal record clearance or an exemption from
disqualification pursuant to subdivision (g) from the State
Department of Social Services prior to employment, residence, or
initial presence in the facility. A person specified in subdivision
(b) who is not exempt from fingerprinting shall be fingerprinted and
shall sign a declaration under penalty of perjury regarding any prior
criminal convictions. The licensee shall submit fingerprint images
and related information to the Department of Justice and the Federal
Bureau of Investigation, through the Department of Justice, for a
state and federal level criminal offender record information search,
or comply with paragraph (1) of subdivision (h). These fingerprint
images and related information shall be sent by electronic
transmission in a manner approved by the State Department of Social
Services and the Department of Justice for the purpose of obtaining a
permanent set of fingerprints, and shall be submitted to the
Department of Justice by the licensee. A licensee's failure to
prohibit the employment, residence, or initial presence of a person
specified in subdivision (b) who is not exempt from fingerprinting
and who has not received either a criminal record clearance or an
exemption from disqualification pursuant to subdivision (g) or to
comply with paragraph (1) of subdivision (h), as required in this
section, shall result in the citation of a deficiency and the
immediate assessment of civil penalties in the amount of one hundred
dollars ($100) per violation per day for a maximum of five days,
unless the violation is a second or subsequent violation within a
12-month period in which case the civil penalties shall be in the
amount of one hundred dollars ($100) per violation for a maximum of
30 days, and shall be grounds for disciplining the licensee pursuant
to Section 1550. The department may assess civil penalties for
continued violations as permitted by Section 1548. The fingerprint
images and related information shall then be submitted to the
Department of Justice for processing. Upon request of the licensee,
who shall enclose a self-addressed stamped postcard for this purpose,
the Department of Justice shall verify receipt of the fingerprints.
   (2) Within 14 calendar days of the receipt of the fingerprint
images, the Department of Justice shall notify the State Department
of Social Services of the criminal record information, as provided
for in subdivision (a). If no criminal record information has been
recorded, the Department of Justice shall provide the licensee and
the State Department of Social Services with a statement of that fact
within 14 calendar days of receipt of the fingerprint images.
Documentation of the individual's clearance or exemption from
disqualification shall be maintained by the licensee and be available
for inspection. If new fingerprint images are required for
processing, the Department of Justice shall, within 14 calendar days
from the date of receipt of the fingerprints, notify the licensee
that the fingerprints were illegible, the Department of Justice shall
notify the State Department of Social Services, as required by
Section 1522.04, and shall also notify the licensee by mail, within
14 days of electronic transmission of the fingerprints to the
Department of Justice, if the person has no criminal history
recorded. A violation of the regulations adopted pursuant to Section
1522.04 shall result in the citation of a deficiency and an immediate
assessment of civil penalties in the amount of one hundred dollars
($100) per violation per day for a maximum of five days, unless the
violation is a second or subsequent violation within a 12-month
period in which case the civil penalties shall be in the amount of
one hundred dollars ($100) per violation for a maximum of 30 days,
and shall be grounds for disciplining the licensee pursuant to
Section 1550. The department may assess civil penalties for continued
violations as permitted by Section 1548.
   (3) Except for persons specified in subdivision (b) who are exempt
from fingerprinting, the licensee shall endeavor to ascertain the
previous employment history of persons required to be fingerprinted.
If it is determined by the State Department of Social Services, on
the basis of the fingerprint images and related information submitted
to the Department of Justice, that subsequent to obtaining a
criminal record clearance or exemption from disqualification pursuant
to subdivision (g), the person has been convicted of, or is awaiting
trial for, a sex offense against a minor, or has been convicted for
an offense specified in Section 243.4, 273a, 273d, 273g, or 368 of
the Penal Code, or a felony, the State Department of Social Services
shall notify the licensee to act immediately to terminate the person'
s employment, remove the person from the community care facility, or
bar the person from entering the community care facility. The State
Department of Social Services may subsequently grant an exemption
from disqualification pursuant to subdivision (g). If the conviction
or arrest was for another crime, except a minor traffic violation,
the licensee shall, upon notification by the State Department of
Social Services, act immediately to either (A) terminate the person's
employment, remove the person from the community care facility, or
bar the person from entering the community care facility; or (B) seek
an exemption from disqualification pursuant to subdivision (g). The
State Department of Social Services shall determine if the person
shall be allowed to remain in the facility until a decision on the
exemption from disqualification is rendered. A licensee's failure to
comply with the department's prohibition of employment, contact with
clients, or presence in the facility as required by this paragraph
shall result in a citation of deficiency and an immediate assessment
of civil penalties in the amount of one hundred dollars ($100) per
violation per day and shall be grounds for disciplining the licensee
pursuant to Section 1550.
   (4) The department may issue an exemption from disqualification on
its own motion pursuant to subdivision (g) if the person's criminal
history indicates that the person is of good character based on the
age, seriousness, and frequency of the conviction or convictions. The
department, in consultation with interested parties, shall develop
regulations to establish the criteria to grant an exemption from
disqualification pursuant to this paragraph.
   (5) Concurrently with notifying the licensee pursuant to paragraph
(3), the department shall notify the affected individual of his or
her right to seek an exemption from disqualification pursuant to
subdivision (g). The individual may seek an exemption from
disqualification only if the licensee terminates the person's
employment or removes the person from the facility after receiving
notice from the department pursuant to paragraph (3).
   (d) (1) Before issuing a license or certificate of approval to any
person or persons to operate a foster family home or certified
family home as described in Section 1506, the State Department of
Social Services or other approving authority shall secure California
and Federal Bureau of Investigation criminal history information to
determine whether the applicant or any person specified in
subdivision (b) who is not exempt from fingerprinting has ever been
convicted of a crime other than a minor traffic violation or arrested
for any crime specified in subdivision (c) of Section 290 of the
Penal Code, for violating Section 245 or 273.5, subdivision (b) of
Section 273a or, prior to January 1, 1994, paragraph (2) of Section
273a of the Penal Code, or for any crime for which the department
cannot grant an exemption if the person was convicted and the person
has not been exonerated. The State Department of Social Services or
other approving authority shall not issue a license or certificate of
approval to any foster family home or certified family home
applicant who has not obtained both a California and Federal Bureau
of Investigation criminal record clearance or exemption from
disqualification pursuant to subdivision (g).
   (2) The criminal history information shall include the full
criminal record, if any, of those persons.
   (3) Neither the Department of Justice nor the State Department of
Social Services may charge a fee for the fingerprinting of an
applicant for a license, special permit, or certificate of approval
described in this subdivision. The record, if any, shall be taken
into consideration when evaluating a prospective applicant.
   (4) The following shall apply to the criminal record information:
   (A) If the applicant or other persons specified in subdivision (b)
who are not exempt from fingerprinting have convictions that would
make the applicant's home unfit as a foster family home or a
certified family home, the license, special permit, or certificate of
approval shall be denied.
   (B) If the State Department of Social Services finds that the
applicant, or any person specified in subdivision (b) who is not
exempt from fingerprinting is awaiting trial for a crime other than a
minor traffic violation, the State Department of Social Services or
other approving authority may cease processing the application until
the conclusion of the trial.
   (C) For purposes of this subdivision, a criminal record clearance
provided under Section 8712 of the Family Code may be used by the
department or other approving agency.
   (D) To the same extent required for federal funding, an applicant
for a foster family home license or for certification as a family
home, and any other person specified in subdivision (b) who is not
exempt from fingerprinting, shall submit a set of fingerprint images
and related information to the Department of Justice and the Federal
Bureau of Investigation, through the Department of Justice, for a
state and federal level criminal offender record information search,
in addition to the criminal records search required by subdivision
(a).
   (5) Any person specified in this subdivision shall, as a part of
the application, be fingerprinted and sign a declaration under
penalty of perjury regarding any prior criminal convictions or
arrests for any crime against a child, spousal or cohabitant abuse
or, any crime for which the department cannot grant an exemption if
the person was convicted and shall submit these fingerprints to the
licensing agency or other approving authority.
   (6) (A) Subsequent to initial licensure or certification, a person
specified in subdivision (b) who is not exempt from fingerprinting
shall obtain both a California and Federal Bureau of Investigation
criminal record clearance, or an exemption from disqualification
pursuant to subdivision (g), prior to employment, residence, or
initial presence in the foster family or certified family home. A
foster family home licensee or foster family agency shall submit
fingerprint images and related information of persons specified in
subdivision (b) who are not exempt from fingerprinting to the
Department of Justice and the Federal Bureau of Investigation,
through the Department of Justice, for a state and federal level
criminal offender record information search, or to comply with
paragraph (1) of subdivision (h). A foster family home licensee's or
a foster family agency's failure to either prohibit the employment,
residence, or initial presence of a person specified in subdivision
(b) who is not exempt from fingerprinting and who has not received
either a criminal record clearance or an exemption from
disqualification pursuant to subdivision (g), or comply with
paragraph (1) of subdivision (h), as required in this section, shall
result in a citation of a deficiency, and the immediate civil
penalties of one hundred dollars ($100) per violation per day for a
maximum of five days, unless the violation is a second or subsequent
violation within a 12-month period in which case the civil penalties
shall be in the amount of one hundred dollars ($100) per violation
for a maximum of 30 days, and shall be grounds for disciplining the
licensee pursuant to Section 1550. A violation of the regulation
adopted pursuant to Section 1522.04 shall result in the citation of a
deficiency and an immediate assessment of civil penalties in the
amount of one hundred dollars ($100) per violation per day for a
maximum of five days, unless the violation is a second or subsequent
violation within a 12-month period in which case the civil penalties
shall be in the amount of one hundred dollars ($100) per violation
for a maximum of 30 days, and shall be grounds for disciplining the
foster family home licensee or the foster family agency pursuant to
Section 1550. The State Department of Social Services may assess
penalties for continued violations, as permitted by Section 1548. The
fingerprint images shall then be submitted to the Department of
Justice for processing.
   (B) Upon request of the licensee, who shall enclose a
self-addressed envelope for this purpose, the Department of Justice
shall verify receipt of the fingerprints. Within five working days of
the receipt of the criminal record or information regarding criminal
convictions from the Department of Justice, the department shall
notify the applicant of any criminal arrests or convictions. If no
arrests or convictions are recorded, the Department of Justice shall
provide the foster family home licensee or the foster family agency
with a statement of that fact concurrent with providing the
information to the State Department of Social Services.
   (7) If the State Department of Social Services finds that the
applicant, or any other person specified in subdivision (b) who is
not exempt from fingerprinting, has been convicted of a crime other
than a minor traffic violation, the application shall be denied,
unless the director grants an exemption from disqualification
pursuant to subdivision (g).
   (8) If the State Department of Social Services finds after
licensure or the granting of the certificate of approval that the
licensee, certified foster parent, or any other person specified in
subdivision (b) who is not exempt from fingerprinting, has been
convicted of a crime other than a minor traffic violation, the
license or certificate of approval may be revoked by the department
or the foster family agency, whichever is applicable, unless the
director grants an exemption from disqualification pursuant to
subdivision (g). A licensee's failure to comply with the department's
prohibition of employment, contact with clients, or presence in the
facility as required by paragraph (3) of subdivision (c) shall be
grounds for disciplining the licensee pursuant to Section 1550.
   (e) The State Department of Social Services shall not use a record
of arrest to deny, revoke, or terminate any application, license,
employment, or residence unless the department investigates the
incident and secures evidence, whether or not related to the incident
of arrest, that is admissible in an administrative hearing to
establish conduct by the person that may pose a risk to the health
and safety of any person who is or may become a client. The State
Department of Social Services is authorized to obtain any arrest or
conviction records or reports from any law enforcement agency as
necessary to the performance of its duties to inspect, license, and
investigate community care facilities and individuals associated with
a community care facility.
   (f) (1) For purposes of this section or any other provision of
this chapter, a conviction means a plea or verdict of guilty or a
conviction following a plea of nolo contendere. Any action that the
State Department of Social Services is permitted to take following
the establishment of a conviction may be taken when the time for
appeal has elapsed, when the judgment of conviction has been affirmed
on appeal, or when an order granting probation is made suspending
the imposition of sentence, notwithstanding a subsequent order
pursuant to Sections 1203.4 and 1203.4a of the Penal Code permitting
the person to withdraw his or her plea of guilty and to enter a plea
of not guilty, or setting aside the verdict of guilty, or dismissing
the accusation, information, or indictment. For purposes of this
section or any other provision of this chapter, the record of a
conviction, or a copy thereof certified by the clerk of the court or
by a judge of the court in which the conviction occurred, shall be
conclusive evidence of the conviction. For purposes of this section
or any other provision of this chapter, the arrest disposition report
certified by the Department of Justice, or documents admissible in a
criminal action pursuant to Section 969b of the Penal Code, shall be
prima facie evidence of the conviction, notwithstanding any other
law prohibiting the admission of these documents in a civil or
administrative action.
   (2) For purposes of this section or any other provision of this
chapter, the department shall consider criminal convictions from
another state or federal court as if the criminal offense was
committed in this state.
   (g) (1) After review of the record, the director may grant an
exemption from disqualification for a license or special permit as
specified in paragraph (4) of subdivision (a), or for a license,
special permit, or certificate of approval as specified in paragraphs
(4), (7), and (8) of subdivision (d), or for employment, residence,
or presence in a community care facility as specified in paragraphs
(3), (4), and (5) of subdivision (c), if the director has substantial
and convincing evidence to support a reasonable belief that the
applicant and the person convicted of the crime, if other than the
applicant, are of good character as to justify issuance of the
license or special permit or granting an exemption for purposes of
subdivision (c). Except as otherwise provided in this subdivision, an
exemption shall not be granted pursuant to this subdivision if the
conviction was for any of the following offenses:
   (A) (i) An offense specified in Section 220, 243.4, or 264.1,
subdivision (a) of Section 273a or, prior to January 1, 1994,
paragraph (1) of Section 273a, Section 273d, 288, or 289, subdivision
(c) of Section 290, or Section 368 of the Penal Code, or was a
conviction of another crime against an individual specified in
subdivision (c) of Section 667.5 of the Penal Code.
   (ii) Notwithstanding clause (i), the director may grant an
exemption regarding the conviction for an offense described in
paragraph (1), (2), (7), or (8) of subdivision (c) of Section 667.5
of the Penal Code, if the employee or prospective employee has been
rehabilitated as provided in Section 4852.03 of the Penal Code, has
maintained the conduct required in Section 4852.05 of the Penal Code
for at least 10 years, and has the recommendation of the district
attorney representing the employee's county of residence, or if the
employee or prospective employee has received a certificate of
rehabilitation pursuant to Chapter 3.5 (commencing with Section
4852.01) of Title 6 of Part 3 of the Penal Code. This clause shall
not apply to foster care providers, including relative caregivers,
nonrelated extended family members, or any other person specified in
subdivision (b), in those homes where the individual has been
convicted of an offense described in paragraph (1) of subdivision (c)
of Section 667.5 of the Penal Code.
   (B) A felony offense specified in Section 729 of the Business and
Professions Code or Section 206 or 215, subdivision (a) of Section
347, subdivision (b) of Section 417, or subdivision (a) of Section
451 of the Penal Code.
   (C) Under no circumstances shall an exemption be granted pursuant
to this subdivision to any foster care provider applicant if that
applicant, or any other person specified in subdivision (b) in those
homes, has a felony conviction for either of the following offenses:
   (i) A felony conviction for child abuse or neglect, spousal abuse,
crimes against a child, including child pornography, or for a crime
involving violence, including rape, sexual assault, or homicide, but
not including other physical assault and battery. For purposes of
this subparagraph, a crime involving violence means a violent crime
specified in clause (i) of subparagraph (A), or subparagraph (B).
   (ii) A felony conviction, within the last five years, for physical
assault, battery, or a drug- or alcohol-related offense.
   (iii) This subparagraph shall not apply to licenses or approvals
wherein a caregiver was granted an exemption to a criminal conviction
described in clause (i) or (ii) prior to the enactment of this
subparagraph.
   (iv) This subparagraph shall remain operative only to the extent
that compliance with its provisions is required by federal law as a
condition for receiving funding under Title IV-E of the federal
Social Security Act (42 U.S.C. Sec. 670 et seq.).
   (2) The department shall not prohibit a person from being employed
or having contact with clients in a facility on the basis of a
denied criminal record exemption request or arrest information unless
the department complies with the requirements of Section 1558.
   (h) (1) For purposes of compliance with this section, the
department may permit an individual to transfer a current criminal
record clearance, as defined in subdivision (a), from one facility to
another, as long as the criminal record
                clearance has been processed through a state
licensing district office, and is being transferred to another
facility licensed by a state licensing district office. The request
shall be in writing to the State Department of Social Services, and
shall include a copy of the person's driver's license or valid
identification card issued by the Department of Motor Vehicles, or a
valid photo identification issued by another state or the United
States government if the person is not a California resident. Upon
request of the licensee, who shall enclose a self-addressed envelope
for this purpose, the State Department of Social Services shall
verify whether the individual has a clearance that can be
transferred.
   (2) The State Department of Social Services shall hold criminal
record clearances in its active files for a minimum of three years
after an employee is no longer employed at a licensed facility in
order for the criminal record clearance to be transferred.
   (3) The following shall apply to a criminal record clearance or
exemption from the department or a county office with
department-delegated licensing authority:
   (A) A county office with department-delegated licensing authority
may accept a clearance or exemption from the department.
   (B) The department may accept a clearance or exemption from any
county office with department-delegated licensing authority.
   (C) A county office with department-delegated licensing authority
may accept a clearance or exemption from any other county office with
department-delegated licensing authority.
   (4) With respect to notifications issued by the Department of
Justice pursuant to Section 11105.2 of the Penal Code concerning an
individual whose criminal record clearance was originally processed
by the department or a county office with department-delegated
licensing authority, all of the following shall apply:
   (A) The Department of Justice shall process a request from the
department or a county office with department-delegated licensing
authority to receive the notice only if all of the following
conditions are met:
   (i) The request shall be submitted to the Department of Justice by
the agency to be substituted to receive the notification.
   (ii)  The request shall be for the same applicant type as the type
for which the original clearance was obtained.
   (iii) The request shall contain all prescribed data elements and
format protocols pursuant to a written agreement between the
department and the Department of Justice.
   (B) (i) On or before January 7, 2005, the department shall notify
the Department of Justice of all county offices that have
department-delegated licensing authority.
   (ii) The department shall notify the Department of Justice within
15 calendar days of the date on which a new county office receives
department-delegated licensing authority or a county's delegated
licensing authority is rescinded.
   (C) The Department of Justice shall charge the department, a
county office with department-delegated licensing authority, or a
county child welfare agency with criminal record clearance and
exemption authority, a fee for each time a request to substitute the
recipient agency is received for purposes of this paragraph. This fee
shall not exceed the cost of providing the service.
   (5) (A) A county child welfare agency with authority to secure
clearances pursuant to Section 16504.5 of the Welfare and
Institutions Code and to grant exemptions pursuant to Section 361.4
of the Welfare and Institutions Code may accept a clearance or
exemption from another county with criminal record and exemption
authority pursuant to these sections.
   (B) With respect to notifications issued by the Department of
Justice pursuant to Section 11105.2 of the Penal Code concerning an
individual whose criminal record clearance was originally processed
by a county child welfare agency with criminal record clearance and
exemption authority, the Department of Justice shall process a
request from a county child welfare agency with criminal record and
exemption authority to receive the notice only if all of the
following conditions are met:
   (i) The request shall be submitted to the Department of Justice by
the agency to be substituted to receive the notification.
   (ii) The request shall be for the same applicant type as the type
for which the original clearance was obtained.
   (iii) The request shall contain all prescribed data elements and
format protocols pursuant to a written agreement between the State
Department of Social Services and the Department of Justice.
   (i) The full criminal record obtained for purposes of this section
may be used by the department or by a licensed adoption agency as a
clearance required for adoption purposes.
   (j) If a licensee or facility is required by law to deny
employment or to terminate employment of any employee based on
written notification from the state department that the employee has
a prior criminal conviction or is determined unsuitable for
employment under Section 1558, the licensee or facility shall not
incur civil liability or unemployment insurance liability as a result
of that denial or termination.
   (k) The State Department of Social Services may charge a fee for
the costs of processing electronic fingerprint images and related
information.
   (l) Amendments to this section made in the 1999 portion of the
1999-2000 Regular Session shall be implemented commencing 60 days
after the effective date of the act amending this section in the 1999
portion of the 1999-2000 Regular Session, except that those
provisions for the submission of fingerprints for searching the
records of the Federal Bureau of Investigation shall be implemented
90 days after the effective date of that act.
  SEC. 5.  Section 1596.871 of the Health and Safety Code is amended
to read:
   1596.871.  The Legislature recognizes the need to generate timely
and accurate positive fingerprint identification of applicants as a
condition of issuing licenses, permits, or certificates of approval
for persons to operate or provide direct care services in a child
care center or family child care home. It is the intent of the
Legislature in enacting this section to require the fingerprints of
those individuals whose contact with child day care facility clients
may pose a risk to the children's health and safety. An individual
shall be required to obtain either a criminal record clearance or a
criminal record exemption from the State Department of Social
Services before his or her initial presence in a child day care
facility.
   (a) (1) Before issuing a license or special permit to any person
to operate or manage a day care facility, the department shall secure
from an appropriate law enforcement agency a criminal record to
determine whether the applicant or any other person specified in
subdivision (b) has ever been convicted of a crime other than a minor
traffic violation or arrested for any crime specified in subdivision
(c) of Section 290 of the Penal Code, for violating Section 245 or
273.5, subdivision (b) of Section 273a or, prior to January 1, 1994,
paragraph (2) of Section 273a of the Penal Code, or for any crime for
which the department cannot grant an exemption if the person was
convicted and the person has not been exonerated.
   (2) The criminal history information shall include the full
criminal record, if any, of those persons, and subsequent arrest
information pursuant to Section 11105.2 of the Penal Code.
   (3) Except during the 2003-04 through 2011-12 fiscal years,
inclusive, neither the Department of Justice nor the department may
charge a fee for the fingerprinting of an applicant who will serve
six or fewer children or any family day care applicant for a license,
or for obtaining a criminal record of an applicant pursuant to this
section.
   (4) The following shall apply to the criminal record information:
   (A) If the State Department of Social Services finds that the
applicant or any other person specified in subdivision (b) has been
convicted of a crime, other than a minor traffic violation, the
application shall be denied, unless the director grants an exemption
pursuant to subdivision (f).
   (B) If the State Department of Social Services finds that the
applicant, or any other person specified in subdivision (b), is
awaiting trial for a crime other than a minor traffic violation, the
State Department of Social Services may cease processing the
application until the conclusion of the trial.
   (C) If no criminal record information has been recorded, the
Department of Justice shall provide the applicant and the State
Department of Social Services with a statement of that fact.
   (D) If the State Department of Social Services finds after
licensure that the licensee, or any other person specified in
paragraph (2) of subdivision (b), has been convicted of a crime other
than a minor traffic violation, the license may be revoked, unless
the director grants an exemption pursuant to subdivision (f).
   (E) An applicant and any other person specified in subdivision (b)
shall submit fingerprint images and related information to the
Department of Justice and the Federal Bureau of Investigation,
through the Department of Justice, for a state and federal level
criminal offender record information search, in addition to the
search required by subdivision (a). If an applicant meets all other
conditions for licensure, except receipt of the Federal Bureau of
Investigation's criminal history information for the applicant and
persons listed in subdivision (b), the department may issue a license
if the applicant and each person described by subdivision (b) has
signed and submitted a statement that he or she has never been
convicted of a crime in the United States, other than a traffic
infraction as defined in paragraph (1) of subdivision (a) of Section
42001 of the Vehicle Code. If, after licensure, the department
determines that the licensee or person specified in subdivision (b)
has a criminal record, the license may be revoked pursuant to Section
1596.885. The department may also suspend the license pending an
administrative hearing pursuant to Section 1596.886.
   (b) (1) In addition to the applicant, this section shall be
applicable to criminal convictions of the following persons:
   (A) Adults responsible for administration or direct supervision of
staff.
   (B) Any person, other than a child, residing in the facility.
   (C) Any person who provides care and supervision to the children.
   (D) Any staff person, volunteer, or employee who has contact with
the children.
   (i) A volunteer providing time-limited specialized services shall
be exempt from the requirements of this subdivision if this person is
directly supervised by the licensee or a facility employee with a
criminal record clearance or exemption, the volunteer spends no more
than 16 hours per week at the facility, and the volunteer is not left
alone with children in care.
   (ii) A student enrolled or participating at an accredited
educational institution shall be exempt from the requirements of this
subdivision if the student is directly supervised by the licensee or
a facility employee with a criminal record clearance or exemption,
the facility has an agreement with the educational institution
concerning the placement of the student, the student spends no more
than 16 hours per week at the facility, and the student is not left
alone with children in care.
   (iii) A volunteer who is a relative, legal guardian, or foster
parent of a client in the facility shall be exempt from the
requirements of this subdivision.
   (iv) A contracted repair person retained by the facility, if not
left alone with children in care, shall be exempt from the
requirements of this subdivision.
   (v) Any person similar to those described in this subdivision, as
defined by the department in regulations.
   (E) If the applicant is a firm, partnership, association, or
corporation, the chief executive officer, other person serving in
like capacity, or a person designated by the chief executive officer
as responsible for the operation of the facility, as designated by
the applicant agency.
   (F) If the applicant is a local educational agency, the president
of the governing board, the school district superintendent, or a
person designated to administer the operation of the facility, as
designated by the local educational agency.
   (G) Additional officers of the governing body of the applicant, or
other persons with a financial interest in the applicant, as
determined necessary by the department by regulation. The criteria
used in the development of these regulations shall be based on the
person's capability to exercise substantial influence over the
operation of the facility.
   (H) This section does not apply to employees of child care and
development programs under contract with the State Department of
Education who have completed a criminal record clearance as part of
an application to the Commission on Teacher Credentialing, and who
possess a current credential or permit issued by the commission,
including employees of child care and development programs that serve
both children subsidized under, and children not subsidized under, a
State Department of Education contract. The Commission on Teacher
Credentialing shall notify the department upon revocation of a
current credential or permit issued to an employee of a child care
and development program under contract with the State Department of
Education.
   (I) This section does not apply to employees of a child care and
development program operated by a school district, county office of
education, or community college district under contract with the
State Department of Education who have completed a criminal record
clearance as a condition of employment. The school district, county
office of education, or community college district upon receiving
information that the status of an employee's criminal record
clearance has changed shall submit that information to the
department.
   (2) Nothing in this subdivision shall prevent a licensee from
requiring a criminal record clearance of any individuals exempt from
the requirements under this subdivision.
   (c) (1) (A) Subsequent to initial licensure, any person specified
in subdivision (b) and not exempted from fingerprinting shall, as a
condition to employment, residence, or presence in a child day care
facility be fingerprinted and sign a declaration under penalty of
perjury regarding any prior criminal conviction. The licensee shall
submit fingerprint images and related information to the Department
of Justice and the Federal Bureau of Investigation, through the
Department of Justice, or to comply with paragraph (1) of subdivision
(h), prior to the person's employment, residence, or initial
presence in the child day care facility.
   (B) These fingerprint images for the purpose of obtaining a
permanent set of fingerprints shall be electronically submitted to
the Department of Justice in a manner approved by the State
Department of Social Services and to the Department of Justice, or to
comply with paragraph (1) of subdivision (h), as required in this
section, shall result in the citation of a deficiency, and an
immediate assessment of civil penalties in the amount of one hundred
dollars ($100) per violation per day for a maximum of five days,
unless the violation is a second or subsequent violation within a
12-month period in which case the civil penalties shall be in the
amount of one hundred dollars ($100) per violation for a maximum of
30 days, and shall be grounds for disciplining the licensee pursuant
to Section 1596.885 or Section 1596.886. The State Department of
Social Services may assess civil penalties for continued violations
permitted by Sections 1596.99 and 1597.62. The fingerprint images and
related information shall then be submitted to the department for
processing. Within 14 calendar days of the receipt of the fingerprint
images, the Department of Justice shall notify the State Department
of Social Services of the criminal record information, as provided in
this subdivision. If no criminal record information has been
recorded, the Department of Justice shall provide the licensee and
the State Department of Social Services with a statement of that fact
within 14 calendar days of receipt of the fingerprint images. If new
fingerprint images are required for processing, the Department of
Justice shall, within 14 calendar days from the date of receipt of
the fingerprint images, notify the licensee that the fingerprints
were illegible.
   (C) Documentation of the individual's clearance or exemption shall
be maintained by the licensee, and shall be available for
inspection. When live-scan technology is operational, as defined in
Section 1522.04, the Department of Justice shall notify the
department, as required by that section, and notify the licensee by
mail within 14 days of electronic transmission of the fingerprints to
the Department of Justice, if the person has no criminal record. Any
violation of the regulations adopted pursuant to Section 1522.04
shall result in the citation of a deficiency and an immediate
assessment of civil penalties in the amount of one hundred dollars
($100) per violation per day for a maximum of five days, unless the
violation is a second or subsequent violation within a 12-month
period in which case the civil penalties shall be in the amount of
one hundred dollars ($100) per violation for a maximum of 30 days,
and shall be grounds for disciplining the licensee pursuant to
Section 1596.885 or Section 1596.886. The department may assess civil
penalties for continued violations, as permitted by Sections 1596.99
and 1597.62.
   (2) Except for persons specified in paragraph (2) of subdivision
(b), the licensee shall endeavor to ascertain the previous employment
history of persons required to be fingerprinted under this
subdivision. If it is determined by the department, on the basis of
fingerprints submitted to the Department of Justice, that the person
has been convicted of a sex offense against a minor, an offense
specified in Section 243.4, 273a, 273d, 273g, or 368 of the Penal
Code, or a felony, the State Department of Social Services shall
notify the licensee to act immediately to terminate the person's
employment, remove the person from the child day care facility, or
bar the person from entering the child day care facility. The
department may subsequently grant an exemption pursuant to
subdivision (f). If the conviction was for another crime except a
minor traffic violation, the licensee shall, upon notification by the
State Department of Social Services, act immediately to either (1)
terminate the person's employment, remove the person from the child
day care facility, or bar the person from entering the child day care
facility; or (2) seek an exemption pursuant to subdivision (f). The
department shall determine if the person shall be allowed to remain
in the facility until a decision on the exemption is rendered. A
licensee's failure to comply with the department's prohibition of
employment, contact with clients, or presence in the facility as
required by this paragraph shall result in a citation of deficiency
and an immediate assessment of civil penalties by the department
against the licensee, in the amount of one hundred dollars ($100) per
violation per day for a maximum of five days, unless the violation
is a second or subsequent violation within a 12-month period in which
case the civil penalties shall be in the amount of one hundred
dollars ($100) per violation for a maximum of 30 days, and shall be
grounds for disciplining the licensee pursuant to Section 1596.885 or
1596.886.
   (3) The department may issue an exemption on its own motion
pursuant to subdivision (f) if the person's criminal history
indicates that the person is of good character based on the age,
seriousness, and frequency of the conviction or convictions. The
department, in consultation with interested parties, shall develop
regulations to establish the criteria to grant an exemption pursuant
to this paragraph.
   (4) Concurrently with notifying the licensee pursuant to paragraph
(3), the department shall notify the affected individual of his or
her right to seek an exemption pursuant to subdivision (f). The
individual may seek an exemption only if the licensee terminates the
person's employment or removes the person from the facility after
receiving notice from the department pursuant to paragraph (3).
   (d) (1) For purposes of this section or any other provision of
this chapter, a conviction means a plea or verdict of guilty or a
conviction following a plea of nolo contendere. Any action that the
department is permitted to take following the establishment of a
conviction may be taken when the time for appeal has elapsed, when
the judgment of conviction has been affirmed on appeal, or when an
order granting probation is made suspending the imposition of
sentence, notwithstanding a subsequent order pursuant to Sections
1203.4 and 1203.4a of the Penal Code permitting the person to
withdraw his or her plea of guilty and to enter a plea of not guilty,
or setting aside the verdict of guilty, or dismissing the
accusation, information, or indictment. For purposes of this section
or any other provision of this chapter, the record of a conviction,
or a copy thereof certified by the clerk of the court or by a judge
of the court in which the conviction occurred, shall be conclusive
evidence of the conviction. For purposes of this section or any other
provision of this chapter, the arrest disposition report certified
by the Department of Justice, or documents admissible in a criminal
action pursuant to Section 969b of the Penal Code, shall be prima
facie evidence of conviction, notwithstanding any other provision of
law prohibiting the admission of these documents in a civil or
administrative action.
   (2) For purposes of this section or any other provision of this
chapter, the department shall consider criminal convictions from
another state or federal court as if the criminal offense was
committed in this state.
   (e) The State Department of Social Services may not use a record
of arrest to deny, revoke, or terminate any application, license,
employment, or residence unless the department investigates the
incident and secures evidence, whether or not related to the incident
of arrest, that is admissible in an administrative hearing to
establish conduct by the person that may pose a risk to the health
and safety of any person who is or may become a client. The State
Department of Social Services is authorized to obtain any arrest or
conviction records or reports from any law enforcement agency as
necessary to the performance of its duties to inspect, license, and
investigate community care facilities and individuals associated with
a community care facility.
   (f) (1) After review of the record, the director may grant an
exemption from disqualification for a license or special permit as
specified in paragraphs (1) and (4) of subdivision (a), or for
employment, residence, or presence in a child day care facility as
specified in paragraphs (3), (4), and (5) of subdivision (c) if the
director has substantial and convincing evidence to support a
reasonable belief that the applicant and the person convicted of the
crime, if other than the applicant, are of good character so as to
justify issuance of the license or special permit or granting an
exemption for purposes of subdivision (c). However, an exemption may
not be granted pursuant to this subdivision if the conviction was for
any of the following offenses:
   (A) An offense specified in Section 220, 243.4, or 264.1,
subdivision (a) of Section 273a or, prior to January 1, 1994,
paragraph (1) of Section 273a, Section 273d, 288, or 289, subdivision
(c) of Section 290, or Section 368 of the Penal Code, or was a
conviction of another crime against an individual specified in
subdivision (c) of Section 667.5 of the Penal Code.
   (B) A felony offense specified in Section 729 of the Business and
Professions Code or Section 206 or 215, subdivision (a) of Section
347, subdivision (b) of Section 417, or subdivision (a) or (b) of
Section 451 of the Penal Code.
   (2) The department may not prohibit a person from being employed
or having contact with clients in a facility on the basis of a denied
criminal record exemption request or arrest information unless the
department complies with the requirements of Section 1596.8897.
   (g) Upon request of the licensee, who shall enclose a
self-addressed stamped postcard for this purpose, the Department of
Justice shall verify receipt of the fingerprint images.
   (h) (1) For the purposes of compliance with this section, the
department may permit an individual to transfer a current criminal
record clearance, as defined in subdivision (a), from one facility to
another, as long as the criminal record clearance has been processed
through a state licensing district office, and is being transferred
to another facility licensed by a state licensing district office.
The request shall be in writing to the department, and shall include
a copy of the person's driver's license or valid identification card
issued by the Department of Motor Vehicles, or a valid photo
identification issued by another state or the United States
government if the person is not a California resident. Upon request
of the licensee, who shall enclose a self-addressed stamped envelope
for this purpose, the department shall verify whether the individual
has a clearance that can be transferred.
   (2) The State Department of Social Services shall hold criminal
record clearances in its active files for a minimum of two years
after an employee is no longer employed at a licensed facility in
order for the criminal record clearances to be transferred.
   (3) The following shall apply to a criminal record clearance or
exemption from the department or a county office with
department-delegated licensing authority:
   (A) A county office with department-delegated licensing authority
may accept a clearance or exemption from the department.
   (B) The department may accept a clearance or exemption from any
county office with department-delegated licensing authority.
   (C) A county office with department-delegated licensing authority
may accept a clearance or exemption from any other county office with
department-delegated licensing authority.
   (4) With respect to notifications issued by the Department of
Justice pursuant to Section 11105.2 of the Penal Code concerning an
individual whose criminal record clearance was originally processed
by the department or a county office with department-delegated
licensing authority, all of the following shall apply:
                                                (A) The Department of
Justice shall process a request from the department or a county
office with department-delegated licensing authority to receive the
notice, only if all of the following conditions are met:
   (i) The request shall be submitted to the Department of Justice by
the agency to be substituted to receive the notification.
   (ii) The request shall be for the same applicant type as the type
for which the original clearance was obtained.
   (iii) The request shall contain all prescribed data elements and
format protocols pursuant to a written agreement between the
department and the Department of Justice.
   (B) (i) On or before January 7, 2005, the department shall notify
the Department of Justice of all county offices that have
department-delegated licensing authority.
   (ii) The department shall notify the Department of Justice within
15 calendar days of the date on which a new county office receives
department-delegated licensing authority or a county's delegated
licensing authority is rescinded.
   (C) The Department of Justice shall charge the department or a
county office with department-delegated licensing authority a fee for
each time a request to substitute the recipient agency is received
for purposes of this paragraph. This fee shall not exceed the cost of
providing the service.
   (i) Notwithstanding any other provision of law, the department may
provide an individual with a copy of his or her state or federal
level criminal offender record information search response as
provided to that department by the Department of Justice if the
department has denied a criminal background clearance based on this
information and the individual makes a written request to the
department for a copy specifying an address to which it is to be
sent. The state or federal level criminal offender record information
search response shall not be modified or altered from its form or
content as provided by the Department of Justice and shall be
provided to the address specified by the individual in his or her
written request. The department shall retain a copy of the individual'
s written request and the response and date provided.
  SEC. 6.  Section 102426 of the Health and Safety Code is amended to
read:
   102426.  (a) (1) In addition to the items of information collected
pursuant to Section 102425, the State Registrar shall instruct all
local registrars that have automated birth registration to
electronically capture the information specified in paragraph (2) in
an electronic file. The information shall not be transcribed onto the
actual hard copy of the certificate of live birth.
   (2) The information required pursuant to paragraph (1) shall
consist of the following:
   (A) The mother's marital status.
   (B) The mother's mailing address. The mother may designate an
alternate address at her discretion.
   (C) Information about whether the birth mother received food for
herself during the pregnancy pursuant to the Women, Infants, and
Children (WIC) program.
   (D) The Activity, Pulse, Grimace, Appearance, and Respiration
(Apgar) scores of 5 and 10 minutes.
   (E) The birth mother's prepregnancy weight, weight at delivery,
and height.
   (F) Information about smoking before and during pregnancy,
including the average number of cigarettes or packs of cigarettes
smoked during the three months before pregnancy and the average
number of cigarettes or packs of cigarettes smoked during each
trimester of pregnancy.
   (3) Subparagraphs (B) to (F), inclusive, of paragraph (2) shall
become operative on January 1, 2007.
   (b) Notwithstanding any provision of law to the contrary,
information collected pursuant to subparagraph (A) of paragraph (2)
of subdivision (a) shall not under any circumstances be disclosed or
available to anyone, except for both of the following:
   (1) The State Department of Public Health and the Department of
Child Support Services for demographic and statistical analysis. The
Department of Child Support Services shall keep information received
pursuant to this subdivision confidential in accordance with Section
17212 of the Family Code.
   (2) The federal government, without any personal identifying
information, for demographic and statistical analysis.
  SEC. 7.  Article 4 (commencing with Section 6150) is added to
Chapter 2 of Part 1 of Division 2 of the Revenue and Taxation Code,
to read:

      Article 4.  Inclusion of Support Services in Sales Tax


   6150.  For purposes of this article, notwithstanding any provision
of Chapter 1 (commencing with Section 6001), the following words
have the following meanings in extending the sales tax to support
services:
   (a) "County" means a county, city and county, or a public
authority or nonprofit consortium, as defined in Section 12301.6 of
the Welfare and Institutions Code.
   (b) "Gross receipts" means the total amount of the sales of a
provider, valued in money, whether paid in money or otherwise,
without any deduction for the cost of materials used, any costs of
transportation of the provider, or any other expenses. "Gross
receipts" shall not include a supplementary payment received by a
provider pursuant to Section 12306.6 of the Welfare and Institutions
Code.
   (c) "Personal care services" means (1) assistance with ambulation,
(2) bathing, oral hygiene, and grooming, (3) dressing, (4) care and
assistance with prosthetic devices, (5) bowel, bladder, and menstrual
care, (6) repositioning, skin care, range of motion exercises, and
transfers, (7) feeding and assurance of adequate fluid intake, (8)
respiration, and (9) assistance with self-administration of
medications.
   (d) (1) "Provider" means a natural person who is authorized by law
to provide all of the support services defined in subdivision (i)
and who makes a retail sale.
   (2) "Provider" also means a nongovernmental person that arranges
for the retail sale of all support services defined in subdivision
(i). When this definition applies, any natural person described by
paragraph (1) who provides services under the direction of the
nongovernmental person is not a provider.
   (e) "Recipient" means a natural person who receives support
services.
   (f) "Retail sale" means a sale to a recipient.
   (g) "Sale" means the furnishing of support services for a
consideration.
   (h) "Seller" includes the State Department of Social Services in
its capacity as the state agency that oversees the In-Home Supportive
Services program, or a county in which county staff serve as
homemakers pursuant to Section 12302 of the Welfare and Institutions
Code in those instances where the department is not the seller, or a
county that contracts with a nongovernmental contractor to arrange
for the retail sale of support services to eligible recipients
pursuant to Section 12301.6 or 12302 of the Welfare and Institutions
Code, or any other nongovernmental person that arranges for the
retail sale of support services, wherever located.
   (i) "Support services" means the following services provided by a
provider:
   (1) Domestic services and services related to domestic services.
   (2) Heavy cleaning.
   (3) Personal care services, as defined in subdivision (c).
   (4) Accompaniment when needed during necessary travel to
health-related appointments or to alternative resource sites.
   (5) Yard hazard abatement.
   (6) Protective supervision.
   (7) Teaching and demonstration directed at reducing the need for
other supportive services.
   (8) Paramedical services that make it possible for the recipient
to establish and maintain an independent living arrangement,
including those necessary paramedical services that are ordered by a
licensed health care professional who is lawfully authorized to do
so, which persons could provide for themselves but for their
functional limitations. Paramedical services include the
administration of medications, puncturing the skin, or inserting a
medical device into a body orifice, activities requiring sterile
procedures, or other activities requiring judgment based on training
given by a licensed health care professional.
   6151.  (a) Beginning on the date for which the federal Centers for
Medicare and Medicaid Services approves implementation of the state
plan amendment described in subdivision (c) of Section 12306.6 of the
Welfare and Institutions Code, but no earlier than July 1, 2010, for
the privilege of selling support services at retail, the sales tax
is hereby extended to all providers at the rate, as described in
subdivision (b), of the gross receipts of any provider from the sale
of all support services sold at retail in this state.
   (b) The rate extended by subdivision (a) is the rate, as may be
amended from time to time, imposed by Article 1 (commencing with
Section 6051) plus the rate imposed by Section 35 of Article XIII of
the California Constitution for the privilege of selling tangible
personal property at retail in this state.
   (c) Notwithstanding the implementation date of this article as
provided for in subdivision (a), no tax shall be collected pursuant
to this article prior to the receipt of approval by the federal
Centers for Medicare and Medicaid Services of the implementation of
Section 12306.6 of the Welfare and Institutions Code.
   6152.  For the efficient administration of this article and the
collection of tax from providers, a seller shall register with the
board, collect the tax from the provider, and report and pay the tax
to the board.
   6154.  For the efficient administration of this article and the
collection of tax from providers, Article 1.1 (commencing with
Section 6470) of Chapter 5, pertaining to prepayment of taxes, shall
not apply to sellers until no later than three months after the date
that federal approval is obtained pursuant to subdivision (c) of
Section 12306.6 of the Welfare and Institutions Code.
   6156.  A seller shall file with the board an application pursuant
to Section 6066, which shall state that the applicant will actively
engage in arranging for the retail sale of support services.
   6158.  After compliance by the seller with Section 6156 and by the
seller and the board with Section 6067, the board shall grant and
issue a permit or permits to each applicant pursuant to Section 6067,
except that the board shall grant and issue a single permit to the
State Department of Social Services without regard to its multiple
places of business.
   6160.  A permit issued pursuant to this article shall be held only
by a seller that is actively engaged in arranging for the retail
sale of support services. Any seller not so engaged shall forthwith
surrender its permit to the board for cancellation. The board may
revoke the permit of a seller found to be not actively engaged in
arranging for the retail sale of support services.
   6162.  For purposes of Section 6486, a seller is a retailer.
   6164.  Every provider and seller shall keep any records, receipts,
invoices, and other pertinent papers in such form as the board may
require.
   6166.  The board, or any person authorized in writing by the
board, may examine the books, papers, records, and equipment of any
seller or provider, and may investigate the character of the business
of the seller, pursuant to Section 7054.
   6168.  Notwithstanding Section 7101, all revenues, less refunds,
derived from the taxes extended by this article shall be deposited in
the State Treasury to the credit of the Personal Care IHSS Quality
Assurance Revenue Fund, which is hereby created. Notwithstanding
Section 13340 of the Government Code, the money in the fund is
continuously appropriated, without regard to fiscal years, to the
State Department of Social Services for disbursement in the manner,
and for the purposes, set forth in Section 12306.6 of the Welfare and
Institutions Code. All interest or other increment resulting from
investment or deposit of moneys in the fund shall be deposited in the
fund, notwithstanding Section 16305.7 of the Government Code.
   6170.  (a) (1) This article shall become operative only if federal
Medicaid approval sought by the Director of Health Care Services
pursuant to paragraph (1) of subdivision (c) of Section 12306.6 of
the Welfare and Institutions Code is granted.
   (2) If approval is granted as described in paragraph (1), within
10 days of that approval the Director of Health Care Services shall
notify the State Board of Equalization, and the fiscal and
appropriate policy committees of the Legislature, of the approval
pursuant to paragraph (3) of subdivision (c) of Section 12306.6 of
the Welfare and Institutions Code.
   (b) The Department of Finance shall notify the board, within 10
days of the final decision, of a final decision by the California
Supreme Court or any California Court of Appeal that the revenues
collected pursuant to this article that are deposited in the Personal
Care IHSS Quality Assurance Revenue Fund are "General Fund revenues
which may be appropriated pursuant to Article XIII B" or "General
Fund proceeds of taxes appropriated pursuant to Article XIII B" as
used in subdivision (b) of Section 8 of Article XVI of the California
Constitution, without regard to the validity of this section. This
article shall become inoperative on the first day of the next
calendar quarter following 30 days after the date of that final
decision.
   6172.  This article shall remain in effect only until the January
1 following the date the tax extended by this article becomes
inoperative pursuant to subdivision (b) of Section 6170, and as of
that date is repealed.
  SEC. 8.  Section 17131.9 is added to the Revenue and Taxation Code,
to read:
   17131.9.  Gross income does not include any supplementary payment
received by an individual pursuant to Section 12306.6 of the Welfare
and Institutions Code.
  SEC. 9.  Section 10533 of the Welfare and Institutions Code is
amended to read:
   10533.  Commencing July 1, 2011, the department shall establish a
CalWORKs county peer review process, which shall be implemented on a
statewide basis no later than July 1, 2012. The peer review process
shall include individual CalWORKs data reviews of counties, based on
existing data. Counties shall receive programmatic technical
assistance from teams made up of state and peer-county administrators
to assist with implementing best practices to improve their
performance and make progress toward meeting established state
performance goals, as specified in Chapter 1.5 (commencing with
Section 10540) and Section 15204.6.
  SEC. 10.  Section 10545 of the Welfare and Institutions Code is
amended to read:
   10545.  (a) (1) Notwithstanding any other law, the State
Department of Social Services shall pay counties for base year costs
of the county, in accordance with Section 2101 of the American
Recovery and Reinvestment Act of 2009 (Public Law 111-5), which
establishes the Emergency Contingency Fund for State Temporary
Assistance for Needy Families Programs, to provide for both of the
following:
   (A) Wage subsidy programs for purposes of public or private
subsidized employment.
   (B) Nonrecurrent short-term benefit programs, as defined in
subdivision (e).
   (2) After consultation with the County Welfare Directors
Association of California, the State Department of Social Services
shall develop a methodology for allocating the funds provided in
paragraph (1) among counties.
   (3) The payment described in paragraph (1) shall be in addition to
the single allocation required in Section 15204.2 and shall not
exceed the amount budgeted by the State Department of Social Services
for purposes of Section 11322.63 in the 2008-09 fiscal year and
CalWORKs grant savings accomplished via subsidized employment
programs.
   (b) (1) Notwithstanding Section 15204.2 or any other law, the
State Department of Social Services, in accordance with Section 2101
of the American Recovery and Reinvestment Act of 2009 (Public Law
111-5), shall reimburse a county for 80 percent of the amounts that
exceed the base year costs that are paid to the county under
subdivision (a) and are expended by that county for the benefit of
needy families, as defined in subdivision (c), for either of the
following purposes:
   (A) Wage subsidy programs for purposes of public or private
subsidized employment.
   (B) Nonrecurrent short-term benefit programs, as defined in
subdivision (e).
   (2) Notwithstanding Section 15204.2 or any other law, the State
Department of Social Services, in accordance with Section 2101 of the
American Recovery and Reinvestment Act of 2009 (Public Law 111-5),
shall reimburse a community college district for 80 percent of the
amounts expended in excess of base year costs by that community
college district for wage subsidy programs conducted in accordance
with Article 5 (commencing with Section 79200) of Chapter 9 of Part
48 of Division 7 of Title 3 of the Education Code.
   (3) Notwithstanding Section 15204.2 or any other law, the State
Department of Social Services, in accordance with Section 2101 of the
American Recovery and Reinvestment Act of 2009 (Public Law 111-5),
shall reimburse a county for 80 percent of the amounts expended by
that county for basic assistance for families receiving assistance
under the CalWORKs program, provided that the reimbursement shall
only be provided for basic assistance to which the family is not
otherwise entitled under Chapter 2 (commencing with Section 11200) of
Part 3.
   (c) Notwithstanding Section 11250 or any other law, exclusively
for purposes of funds provided under this section and exclusively for
purposes of providing nonassistance services pursuant to Section 601
(a)(1) and (2) of Title 42 of the United States Code, "needy families"
also includes a family in which the income of the family is less
than 200 percent of the current federal poverty level guidelines
applicable to a family of the size involved if the family is any of
the following:
   (1) A family in which a minor child is living with a parent or
adult relative caregiver, including a noncustodial parent who does
not reside with the minor child.
   (2) A woman in the third trimester of pregnancy.
   (3) A family in which a minor child is temporarily absent for a
period of time, not to exceed 12 months, due to child abuse and
neglect, and the parent or parents of the child are engaged in family
reunification services.
   (d) (1) Notwithstanding Section 11250 or any other law,
exclusively for purposes of funds provided under this section and
exclusively for purposes of providing nonassistance services pursuant
to Section 601(a)(1), (3), and (4) of Title 42 of the United States
Code, services may be provided to needy youth.
   (2) For the purposes of this section, "needy youth" are
individuals 18 to 24 years of age in which the income for their
family, which may include the youth living alone, is less than 200
percent of the current federal poverty level guidelines applicable to
a family of the size involved.
   (e) Notwithstanding any other law, for purposes of this section,
"nonrecurrent short-term benefits" means benefits that meet all of
the following requirements:
   (1) The benefits are designed to deal with a specific crisis
situation or episode of need.
   (2) The benefits are not intended to meet recurrent or ongoing
needs.
   (3) The benefits will not extend beyond four months.
   (f) The funds paid or reimbursed to counties pursuant to this
section shall be used only for purposes for which federal Temporary
Assistance for Needy Families program (42 U.S.C. Sec. 601 et seq.)
block grant funds may be used.
   (g) A county that receives payment for a welfare-to-work
participant's wage subsidy in accordance with Section 11322.63 may
not also receive reimbursement for that same wage subsidy expense
under this section.
   (h) The reimbursement authorized in this section shall only be
available to the extent that funds are provided to the state in
accordance with Section 2101 of the American Recovery and
Reinvestment Act of 2009 (Public Law 111-5), and to the extent that
those funds are appropriated for the purposes of this section by the
Legislature.
   (i) (1) The reimbursement authorized in subdivision (b) shall be
provided to counties to the extent that the state receives funding
under Section 2101 of the American Recovery and Reinvestment Act of
2009 (Public Law 111-5) that is based on county expenditures
described in subdivision (b).
   (2) If the state receives advance funding under Section 2101 of
the American Recovery and Reinvestment Act of 2009 (Public Law 111-5)
based on expenditures described in subdivision (b), the state shall
provide that advance funding to counties and community colleges based
on the most current projected expenditures of the State Department
of Social Services.
  SEC. 11.  Section 10545.2 of the Welfare and Institutions Code is
amended to read:
   10545.2.  (a) This chapter shall become inoperative upon the
expiration of federal authority for the Emergency Contingency Fund,
as provided in the American Recovery and Reinvestment Act of 2009
(Public Law 111-5), or subsequent federal legislation that extends
the Emergency Contingency Fund, and on that date is repealed.
   (b) This section shall not limit the claiming, payment,
reimbursement, or reconciliation of funds relating to expenditures
made prior to the inoperative date of this chapter, as long as all
requirements of the American Recovery and Reinvestment Act of 2009
(Public Law 111-5) are met.
  SEC. 12.  Section 10553.1 of the Welfare and Institutions Code is
amended to read:
   10553.1.  (a) Notwithstanding any other provision of law, the
director may enter into an agreement, in accordance with Section 1919
of Title 25 of the United States Code, and consistent with Section
16000.6, with any California Indian tribe or any out-of-state Indian
tribe that has reservation lands that extend into this state,
consortium of tribes, or tribal organization, regarding the care and
custody of Indian children and jurisdiction over Indian child custody
proceedings, including, but not limited to, agreements that provide
for orderly transfer of jurisdiction on a case-by-case basis, for
exclusive tribal or state jurisdiction, or for concurrent
jurisdiction between the state and tribes.
   (b) (1) An agreement under subdivision (a) regarding the care and
custody of Indian children shall provide for the delegation to the
tribe, consortium of tribes, or tribal organization, of the
responsibility that would otherwise be the responsibility of the
county for the provision of child welfare services or assistance
payments under the AFDC-FC program, or both.
   (2) An agreement under subdivision (a) concerning the provision of
child welfare services shall ensure that a tribe, consortium of
tribes, or tribal organization, meets current service delivery
standards provided for under Chapter 5 (commencing with Section
16500) of Part 4, and provides the local matching share of costs
required by Section 10101.
   (3) An agreement under subdivision (a) concerning assistance
payments under the AFDC-FC program shall ensure that a tribe,
consortium of tribes, or tribal organization, meets current foster
care standards provided for under Article 5 (commencing with Section
11400) of Chapter 2 of Part 3, and provides the local matching share
of costs required by Section 15200.
   (4) An agreement under subdivision (a) concerning adoption
assistance shall ensure that a tribe, consortium of tribes, or tribal
organization, meets the current service delivery standards provided
for under Chapter 2.1 (commencing with Section 16115), and provides
the local matching share of costs, as required by Section 15200.
   (c) Upon the implementation date of an agreement authorized by
subdivision (b), the county that would otherwise be responsible for
providing the child welfare services or AFDC-FC payments specified in
the agreement as being provided by the tribe, consortium of tribes,
or tribal organization, shall no longer be subject to that
responsibility to children served under the agreement.
   (d) Upon the effective date of an agreement authorized by
subdivision (b), the tribe, consortium of tribes, or tribal
organization, shall comply with fiscal reporting requirements
specified by the department for federal and state reimbursement child
welfare or AFDC-FC services for programs operated under the
agreement.
   (e) An Indian tribe, consortium of tribes, or tribal organization,
that is a party to an agreement under subdivision (a), shall, in
accordance with the agreement, be eligible to receive allocations of
child welfare services funds pursuant to Section 10102.
   (f) Implementation of an agreement under subdivision (a) may not
be construed to impose liability upon, or to require indemnification
by, the participating county or the State of California for any act
or omission performed by an officer, agent, or employee of the
participating tribe, consortium of tribes, or tribal organization,
pursuant to this section.
  SEC. 13.  Section 10553.2 of the Welfare and Institutions Code is
amended to read:
   10553.2.  Child welfare services allocation methodologies for
agreements entered into pursuant to Section 10553.1 shall be
developed in consultation with the State Department of Social
Services, the affected counties, and the affected Indian tribe,
consortium of tribes, or tribal organization.
  SEC. 14.  Section 11053.2 is added to the Welfare and Institutions
Code, to read:
   11053.2.  (a) Notwithstanding any other law, the department shall
establish a process of intercounty transfer of eligibility for food
stamp benefits provided under Chapter 10 (commencing with Section
18900) of Part 6 when a recipient changes residence from one county
to another within the state. The intercounty transfer process shall
facilitate a recipient's move from one county to another without a
break in benefits and without requiring a new application to be
submitted to the new county of residence.
   (b) (1) For food stamp recipients who are receiving CalWORKs
benefits pursuant to Chapter 2 (commencing with Section 11200), the
intercounty transfer process utilized for CalWORKs shall be used.
   (2) For food stamp recipients who are receiving Medi-Cal benefits
pursuant to Chapter 7 (commencing with Section 14000), but are not
receiving CalWORKs benefits pursuant to Chapter 2 (commencing with
Section 11200), the intercounty transfer process utilized for the
Medi-Cal program shall be used.
   (3) This subdivision shall be implemented no later than April 1,
2011.
   (c) For food stamp recipients who are not receiving CalWORKs or
Medi-Cal benefits as described in paragraphs (1) and (2) of
subdivision (b), an intercounty transfer process shall be developed,
in consultation with representatives of county human services
departments                                          and advocates
for recipients. To the greatest extent possible, the process shall be
simple, client friendly, ensure the client does not need to provide
copies of documents that were previously provided to the prior county
of residence, build on existing processes for the programs described
in paragraphs (1) and (2) of subdivision (b), and minimize workload
for county eligibility operations. The process developed pursuant to
this subdivision shall be implemented no later than July 1, 2011.
   (d) Upon the implementation of the intercounty transfer procedures
set forth in this section, it shall be the responsibility of a
recipient changing residence from one county to another within the
state to notify his or her prior county of residence of his or her
move. The prior county of residence shall notify the new county of
the recipient's move as soon as the recipient's location in the new
county is known. The new county of residence shall be responsible for
determining the recipient's continued eligibility for payment of
food stamp benefits. To the extent permitted by federal law, the new
county of residence shall not be required to interview persons in the
food stamp household to determine continued eligibility until the
next scheduled recertification or other regularly scheduled
interview.
   (e) Notwithstanding the Administrative Procedure Act (Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title 2 of
the Government Code), the department may implement this section
through all-county letters, or similar instructions from the director
no later than April 1, 2011, with respect to subdivision (b), and no
later than July 1, 2011, with respect to subdivision (c).
   (f) The department shall adopt regulations as otherwise necessary
to implement this section no later than July 1, 2012. Emergency
regulations adopted for implementation of this section may be adopted
by the director in accordance with the Administrative Procedure Act
(Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3
of Title 2 of the Government Code). The adoption of emergency
regulations shall be deemed to be an emergency and necessary for
immediate preservation of the public peace, health and safety, or
general welfare. The emergency regulations shall be exempt from
review by the Office of Administrative Law. The emergency regulations
authorized by this section shall be submitted to the Office of
Administrative Law for filing with the Secretary of State and shall
remain in effect for no more than 180 days.
  SEC. 15.  Section 11320.32 of the Welfare and Institutions Code is
amended to read:
   11320.32.  (a) The department shall administer a voluntary
Temporary Assistance Program (TAP) for current and future CalWORKs
recipients who meet the exemption criteria for work participation
activities set forth in Section 11320.3, and are not single parents
who have a child under the age of one year. Temporary Assistance
Program recipients shall be entitled to the same assistance payments
and other benefits as recipients under the CalWORKs program. The
purpose of this program is to provide cash assistance and other
benefits to eligible families without any federal restrictions or
requirements and without any adverse impact on recipients. The
Temporary Assistance Program shall commence no later than October 1,
2012.
   (b) CalWORKs recipients who meet the exemption criteria for work
participation activities set forth in subdivision (b) of Section
11320.3, and are not single parents with a child under the age of one
year, shall have the option of receiving grant payments, child care,
and transportation services from the Temporary Assistance Program.
The department shall notify all CalWORKs recipients and applicants
meeting the exemption criteria specified in subdivision (b) of
Section 11320.3, except for single parents with a child under the age
of one year, of their option to receive benefits under the Temporary
Assistance Program. Absent written indication that these recipients
or applicants choose not to receive assistance from the Temporary
Assistance Program, the department shall enroll CalWORKs recipients
and applicants into the program. However, exempt volunteers shall
remain in the CalWORKs program unless they affirmatively indicate, in
writing, their interest in enrolling in the Temporary Assistance
Program. A Temporary Assistance Program recipient who no longer meets
the exemption criteria set forth in Section 11320.3 shall be
enrolled in the CalWORKs program.
   (c) Funding for grant payments, child care, transportation, and
eligibility determination activities for families receiving benefits
under the Temporary Assistance Program shall be funded with General
Fund resources that do not count toward the state's maintenance of
effort requirements under clause (i) of subparagraph (B) of paragraph
(7) of subdivision (a) of Section 609 of Title 42 of the United
States Code, up to the caseload level equivalent to the amount of
funding provided for this purpose in the annual Budget Act.
   (d) It is the intent of the Legislature that recipients shall have
and maintain access to the hardship exemption and the services
necessary to begin and increase participation in welfare-to-work
activities, regardless of their county of origin, and that the number
of recipients exempt under subdivision (b) of Section 11320.3 not
significantly increase due to factors other than changes in caseload
characteristics. All relevant state law applicable to CalWORKs
recipients shall also apply to families funded under this section.
Nothing in this section modifies the criteria for exemption in
Section 11320.3.
   (e) To the extent that this section is inconsistent with federal
regulations regarding implementation of the Deficit Reduction Act of
2005, the department may amend the funding structure for exempt
families to ensure consistency with these regulations, not later than
30 days after providing written notification to the chair of the
Joint Legislative Budget Committee and the chairs of the appropriate
policy and fiscal committees of the Legislature.
  SEC. 16.  Section 11322.64 of the Welfare and Institutions Code is
amended to read:
   11322.64.  (a) Section 11322.63 shall be inoperative during the
period commencing on the day the act that added this section takes
effect until the date of the expiration of federal authority for the
Emergency Contingency Fund, as provided in the American Recovery and
Reinvestment Act of 2009 (Public Law 111-5) or subsequent federal
legislation that extends subsidized employment funding under the
Emergency Contingency Fund, inclusive, unless the State Department of
Social Services determines that Section 10545 is suspended,
implementation of Section 10545 is significantly delayed, or counties
are otherwise prevented by the state or federal government from
receiving reimbursement for subsidized employment expenditures that
are authorized and in compliance with Section 2101 of the American
Recovery and Reinvestment Act of 2009 (Public Law 111-5), or
subsequent federal legislation.
   (b) In accordance with subdivision (a), the deadline for the
report required by subdivision (b) of Section 11322.63 shall be
extended by two years.
  SEC. 17.  Section 11460 of the Welfare and Institutions Code is
amended to read:
   11460.  (a) Foster care providers shall be paid a per child per
month rate in return for the care and supervision of the AFDC-FC
child placed with them. The department is designated the single
organizational unit whose duty it shall be to administer a state
system for establishing rates in the AFDC-FC program. State functions
shall be performed by the department or by delegation of the
department to county welfare departments or Indian tribes, consortia
of tribes, or tribal organizations that have entered into an
agreement pursuant to Section 10553.1.
   (b) "Care and supervision" includes food, clothing, shelter, daily
supervision, school supplies, a child's personal incidentals,
liability insurance with respect to a child, reasonable travel to the
child's home for visitation, and reasonable travel for the child to
remain in the school in which he or she is enrolled at the time of
placement. Reimbursement for the costs of educational travel, as
provided for in this subdivision, shall be made pursuant to
procedures determined by the department, in consultation with
representatives of county welfare and probation directors, and
additional stakeholders, as appropriate.
   (1) For a child placed in a group home, care and supervision shall
also include reasonable administration and operational activities
necessary to provide the items listed in this subdivision.
   (2) For a child placed in a group home, care and supervision may
also include reasonable activities performed by social workers
employed by the group home provider which are not otherwise
considered daily supervision or administration activities.
   (c) It is the intent of the Legislature to establish the maximum
level of state participation in out-of-state foster care group home
program rates effective January 1, 1992.
   (1) The department shall develop regulations that establish the
method for determining the level of state participation for each
out-of-state group home program. The department shall consider all of
the following methods:
   (A) A standardized system based on the level of care and services
per child per month as detailed in Section 11462.
   (B) A system which considers the actual allowable and reasonable
costs of care and supervision incurred by the program.
   (C) A system which considers the rate established by the host
state.
   (D) Any other appropriate methods as determined by the department.

   (2) State reimbursement for the AFDC-FC group home rate to be paid
to an out-of-state program on or after January 1, 1992, shall only
be paid to programs which have done both of the following:
   (A) Submitted a rate application to the department and received a
determination of the level of state participation.
   (i) The level of state participation shall not exceed the current
fiscal year's standard rate for rate classification level 14.
   (ii) The level of state participation shall not exceed the rate
determined by the ratesetting authority of the state in which the
facility is located.
   (iii) The level of state participation shall not decrease for any
child placed prior to January 1, 1992, who continues to be placed in
the same out-of-state group home program.
   (B) Agreed to comply with information requests, and program and
fiscal audits as determined necessary by the department.
   (3) State reimbursement for an AFDC-FC rate paid on or after
January 1, 1993, shall only be paid to a group home organized and
operated on a nonprofit basis.
   (d) A foster care provider that accepts payments, following the
effective date of this section, based on a rate established under
this section, shall not receive rate increases or retroactive
payments as the result of litigation challenging rates established
prior to the effective date of this section. This shall apply
regardless of whether a provider is a party to the litigation or a
member of a class covered by the litigation.
   (e) Nothing shall preclude a county from using a portion of its
county funds to increase rates paid to family homes and foster family
agencies within that county, and to make payments for specialized
care increments, clothing allowances, or infant supplements to homes
within that county, solely at that county's expense.
  SEC. 18.  Section 11462.04 is added to the Welfare and Institutions
Code, to read:
   11462.04.  (a) (1) Notwithstanding any other provision of law, no
new group home rate or change to an existing rate shall be
established pursuant to Section 11462. No application shall be
accepted or processed for any of the following:
   (A) A new program.
   (B) A new provider.
   (C) A program change, such as a rate classification level
increase.
   (D) A program capacity increase.
   (E) A program reinstatement.
   (2) Notwithstanding paragraph (1), the department may grant
exceptions as appropriate on a case-by-case basis, based upon a
written request and supporting documentation provided by county
placing agencies, including county welfare or probation directors.
   (b) Immediately prior to the inoperative date of this section, the
department shall provide feedback regarding the implementation of
this section to the Legislature.
   (c) This section shall become inoperative one year after the
effective date of the act that adds this section, and on January 1,
2012, is repealed, unless a later enacted statute, that becomes
operative before January 1, 2012, deletes or extends the dates on
which it becomes inoperative and is repealed
  SEC. 19.  Section 11462.045 is added to the Welfare and
Institutions Code, to read:
   11462.045.  (a) The State Department of Social Services shall
establish a working group to develop recommended revisions to the
current system of setting reimbursement rates for group home
providers.
   (b) In developing recommended revisions to the group home
ratesetting system, the working group shall consider the larger
context for how the system can better incorporate a spectrum of
placements and services that promote positive outcomes for children
and families and shall address all of the following:
   (1) The provision of mental health and other critical services for
children and youth.
   (2) The provision of services in family-like settings.
   (3) The provision of services that support families and relatives.

   (4) Outcome-based evaluation or other quality improvement
concepts.
   (c) The working group shall include legislative policy and budget
staff, stakeholders that are representative of foster youth,
providers, children's advocates, and county welfare and probation
directors and staff.
  SEC. 20.  Section 12301.06 is added to the Welfare and Institutions
Code, to read:
   12301.06.  (a) (1) Notwithstanding any other provision of law,
except as provided in subdivision (d), the department shall implement
a 3.6-percent reduction in hours of service to each recipient of
services under this article which shall be applied to the recipient's
hours as authorized pursuant to the most recent assessment. This
reduction shall be effective 90 days after the enactment of the act
that adds this section. The reduction required by this section shall
not preclude any reassessment to which a recipient would otherwise be
entitled. However, hours authorized pursuant to a reassessment shall
be subject to the 3.6-percent reduction required by this section.
   (2) A recipient of services under this article may direct the
manner in which the reduction of hours is applied to the recipient's
previously authorized services.
   (3) For those individuals who have a documented unmet need
excluding protective supervision because of the limitations on
authorized hours under Section 12303.4, the reduction shall be taken
first from the documented unmet need.
   (b) (1) The reduction in hours of service pursuant to subdivision
(a) shall cease to be implemented on July 1, 2012.
   (2) It is the intent of the Legislature that on July 1, 2012,
services shall be restored to the level authorized pursuant to the
recipient's most recent assessment, and increased by the previously
deducted 3.6 percent.
   (c) The notice of action informing the recipient of the reduction
pursuant to subdivision (a) shall be mailed at least 30 days prior to
the reduction going into effect. The notice of action shall be
understandable to the recipient and translated into all languages
spoken by a substantial number of the public served by the In-Home
Supportive Services program, in accordance with Section 7295.2 of the
Government Code. The notice shall not contain any recipient
financial or confidential identifying information other than the
recipient's name, address, and Case Management Information and
Payroll System (CMIPS) client identification number, and shall
include, but not be limited to, all of the following information:
   (1) The aggregate number of authorized hours before the reduction
pursuant to subdivision (a) and the aggregate number of authorized
hours after the reduction.
   (2) That the recipient may direct the manner in which the
reduction of authorized hours is applied to the recipient's
previously authorized services.
   (3) That the reduction of hours shall remain in effect until July
1, 2012, at which time service hours shall be restored to the
recipient's authorized level, based on the most recent assessment,
and increased by the previously deducted 3.6 percent.
   (d) A recipient shall have all appeal rights otherwise provided
for under Chapter 7 (commencing with Section 10950) of Part 2.
   (e) (1) Notwithstanding the rulemaking provisions of the
Administrative Procedure Act (Chapter 3.5 (commencing with Section
11340) of Part 1 of Division 3 of Title 2 of the Government Code),
the department may implement and administer this section through
all-county letters or similar instructions from the department.
   (f) This section shall become inoperative on July 1, 2012, and, as
of January 1, 2013, this section is repealed, unless a later enacted
statute that is enacted before January 1, 2013, deletes or extends
the dates on which it becomes inoperative and is repealed.
  SEC. 21.  Section 12301.6 of the Welfare and Institutions Code is
amended to read:
   12301.6.  (a) Notwithstanding Sections 12302 and 12302.1, a county
board of supervisors may, at its option, elect to do either of the
following:
   (1) Contract with a nonprofit consortium to provide for the
delivery of in-home supportive services.
   (2) Establish, by ordinance, a public authority to provide for the
delivery of in-home supportive services.
   (b) (1) To the extent that a county elects to establish a public
authority pursuant to paragraph (2) of subdivision (a), the enabling
ordinance shall specify the membership of the governing body of the
public authority, the qualifications for individual members, the
manner of appointment, selection, or removal of members, how long
they shall serve, and other matters as the board of supervisors deems
necessary for the operation of the public authority.
   (2) A public authority established pursuant to paragraph (2) of
subdivision (a) shall be both of the following:
   (A) An entity separate from the county, and shall be required to
file the statement required by Section 53051 of the Government Code.
   (B) A corporate public body, exercising public and essential
governmental functions and that has all powers necessary or
convenient to carry out the delivery of in-home supportive services,
including the power to contract for services pursuant to Sections
12302 and 12302.1 and that makes or provides for direct payment to a
provider chosen by the recipient for the purchase of services
pursuant to Sections 12302 and 12302.2. Employees of the public
authority shall not be employees of the county for any purpose.
   (3) (A) As an alternative, the enabling ordinance may designate
the board of supervisors as the governing body of the public
authority.
   (B) Any enabling ordinance that designates the board of
supervisors as the governing body of the public authority shall also
specify that no fewer than 50 percent of the membership of the
advisory committee shall be individuals who are current or past users
of personal assistance services paid for through public or private
funds or recipients of services under this article.
   (C) If the enabling ordinance designates the board of supervisors
as the governing body of the public authority, it shall also require
the appointment of an advisory committee of not more than 11
individuals who shall be designated in accordance with subparagraph
(B).
   (D) Prior to making designations of committee members pursuant to
subparagraph (C), or governing body members in accordance with
paragraph (4), the board of supervisors shall solicit recommendations
of qualified members of either the governing body of the public
authority or of any advisory committee through a fair and open
process that includes the provision of reasonable written notice to,
and a reasonable response time by, members of the general public and
interested persons and organizations.
   (4) If the enabling ordinance does not designate the board of
supervisors as the governing body of the public authority, the
enabling ordinance shall require the membership of the governing body
to meet the requirements of subparagraph (B) of paragraph (3).
   (c) (1) Any public authority created pursuant to this section
shall be deemed to be the employer of in-home supportive services
personnel referred to recipients under paragraph (3) of subdivision
(e) within the meaning of Chapter 10 (commencing with Section 3500)
of Division 4 of Title 1 of the Government Code. Recipients shall
retain the right to hire, fire, and supervise the work of any in-home
supportive services personnel providing services to them.
   (2) (A) Any nonprofit consortium contracting with a county
pursuant to this section shall be deemed to be the employer of
in-home supportive services personnel referred to recipients pursuant
to paragraph (3) of subdivision (e) for the purposes of collective
bargaining over wages, hours, and other terms and conditions of
employment.
   (B) Recipients shall retain the right to hire, fire, and supervise
the work of any in-home supportive services personnel providing
services for them.
   (d) A public authority established pursuant to this section or a
nonprofit consortium contracting with a county pursuant to this
section, when providing for the delivery of services under this
article by contract in accordance with Sections 12302 and 12302.1 or
by direct payment to a provider chosen by a recipient in accordance
with Sections 12302 and 12302.2, shall comply with and be subject to,
all statutory and regulatory provisions applicable to the respective
delivery mode.
   (e) Any nonprofit consortium contracting with a county pursuant to
this section or any public authority established pursuant to this
section shall provide for all of the following functions under this
article, but shall not be limited to those functions:
   (1) The provision of assistance to recipients in finding in-home
supportive services personnel through the establishment of a
registry.
   (2) (A) (i) The investigation of the qualifications and background
of potential personnel. Upon the effective date of the amendments to
this section made during the 2009-10 Fourth Extraordinary Session of
the Legislature, the investigation with respect to any provider in
the registry or prospective registry applicant shall include criminal
background checks requested by the nonprofit consortium or public
authority and conducted by the Department of Justice pursuant to
Section 15660, for those public authorities or nonprofit consortia
using the agencies on the effective date of the amendments to this
section made during the 2009-10 Fourth Extraordinary Session of the
Legislature. Criminal background checks shall be performed no later
than July 1, 2010, for any provider who is already on the registry on
the effective date of amendments to this section made during the
2009-10 Fourth Extraordinary Session of the Legislature, for whom a
criminal background check pursuant to this section has not previously
been provided, as a condition of the provider's continued enrollment
in the IHSS program. Criminal background checks shall be conducted
at the provider's expense.
   (ii) Upon notice from the Department of Justice notifying the
public authority or nonprofit consortium that the prospective
registry applicant has been convicted of a criminal offense specified
in Section 12305.81, the public authority or nonprofit consortium
shall deny the request to be placed on the registry for providing
supportive services to any recipient of the In-Home Supportive
Services program.
   (iii)  Commencing 90 days after the effective date of the act that
adds Section 12305.87, and upon notice from the Department of
Justice that an applicant who is subject to the provisions of that
section has been convicted of, or incarcerated following conviction
for, an offense described in subdivision (b) of that section, the
public authority or nonprofit consortium shall deny the applicant's
request to become a provider of supportive services to any recipient
of in-home supportive services, subject to the individual waiver and
exception processes described in that section. An applicant who is
denied on the basis of Section 12305.87 shall be informed by the
public authority or nonprofit consortium of the individual waiver and
exception processes described in that section.
   (B) (i) If an applicant or provider is rejected as a result of
information contained in the criminal background report, the
applicant or provider shall receive a copy of his or her own criminal
history record from the Department of Justice, as provided in
Article 5 (commencing with Section 11120) of Chapter 1 of Title 1 of
Part 4 of the Penal Code, to review the information for accuracy and
completeness. The applicant or provider shall be advised that if,
upon review of his or her own criminal history record he or she finds
the information to be inaccurate or incomplete, the applicant or
provider shall have the right to submit a formal challenge to the
Department of Justice to contest the criminal background report.
   (ii) The department shall develop a written appeal process for the
current and prospective providers who are determined ineligible to
receive payment for the provision of services in the In-Home
Supportive Services program.
   (C) An applicant shall be informed of his or her right to a waiver
of the fee for obtaining a copy of a criminal history record, and of
how to submit a claim and proof of indigency, as required by Section
11123 of the Penal Code.
   (D) Nothing in this paragraph shall be construed to prohibit the
Department of Justice from assessing a fee pursuant to Section 11105
or 11123 of the Penal Code to cover the cost of furnishing summary
criminal history information.
   (E) As used in this section, "nonprofit consortium" means a
nonprofit public benefit corporation that has all powers necessary to
carry out the delivery of in-home supportive services under the
delegated authority of a government entity.
   (F) A nonprofit consortium or a public authority authorized to
secure a criminal background check clearance pursuant to this section
shall accept a clearance for an applicant described in clause (i) of
subparagraph (A) who has been deemed eligible by another nonprofit
consortium, public authority, or county with criminal
                            background check authority pursuant to
either Section 12305.86 or this section, to receive payment for
providing services pursuant to this article. Existence of a clearance
shall be determined by verification through the case management,
information, and payrolling system, that another county, nonprofit
consortium, or public authority with criminal background check
authority pursuant to Section 12305.86 or this section has deemed the
current or prospective provider to be eligible to receive payment
for providing services pursuant to this article.
   (3) Establishment of a referral system under which in-home
supportive services personnel shall be referred to recipients.
   (4) Providing for training for providers and recipients.
   (5) (A) Performing any other functions related to the delivery of
in-home supportive services.
   (B) (i) Upon request of a recipient of in-home supportive services
pursuant to this chapter, or a recipient of personal care services
under the Medi-Cal program pursuant to Section 14132.95, a public
authority or nonprofit consortium may provide a criminal background
check on a nonregistry applicant or provider from the Department of
Justice, in accordance with clause (i) of subparagraph (A) of
paragraph (2) of subdivision (e). If the person who is the subject of
the criminal background check is not hired or is terminated because
of the information contained in the criminal background report, the
provisions of subparagraph (B) of paragraph (2) of subdivision (e)
shall apply.
   (ii) A recipient of in-home supportive services pursuant to this
chapter or a recipient of personal care services under the Medi-Cal
program may elect to employ an individual as their service provider
notwithstanding the individual's record of previous criminal
convictions, unless those convictions include any of the offenses
specified in Section 12305.81.
   (6) Ensuring that the requirements of the personal care option
pursuant to Subchapter 19 (commencing with Section 1396) of Chapter 7
of Title 42 of the United States Code are met.
   (f) (1) Any nonprofit consortium contracting with a county
pursuant to this section or any public authority created pursuant to
this section shall be deemed not to be the employer of in-home
supportive services personnel referred to recipients under this
section for purposes of liability due to the negligence or
intentional torts of the in-home supportive services personnel.
   (2) In no case shall a nonprofit consortium contracting with a
county pursuant to this section or any public authority created
pursuant to this section be held liable for action or omission of any
in-home supportive services personnel whom the nonprofit consortium
or public authority did not list on its registry or otherwise refer
to a recipient.
   (3) Counties and the state shall be immune from any liability
resulting from their implementation of this section in the
administration of the In-Home Supportive Services program. Any
obligation of the public authority or consortium pursuant to this
section, whether statutory, contractual, or otherwise, shall be the
obligation solely of the public authority or nonprofit consortium,
and shall not be the obligation of the county or state.
   (g) Any nonprofit consortium contracting with a county pursuant to
this section shall ensure that it has a governing body that complies
with the requirements of subparagraph (B) of paragraph (3) of
subdivision (b) or an advisory committee that complies with
subparagraphs (B) and (C) of paragraph (3) of subdivision (b).
   (h) Recipients of services under this section may elect to receive
services from in-home supportive services personnel who are not
referred to them by the public authority or nonprofit consortium.
Those personnel shall be referred to the public authority or
nonprofit consortium for the purposes of wages, benefits, and other
terms and conditions of employment.
   (i) (1) Nothing in this section shall be construed to affect the
state's responsibility with respect to the state payroll system,
unemployment insurance, or workers' compensation and other provisions
of Section 12302.2 for providers of in-home supportive services.
   (2) The Controller shall make any deductions from the wages of
in-home supportive services personnel, who are employees of a public
authority pursuant to paragraph (1) of subdivision (c), that are
agreed to by that public authority in collective bargaining with the
designated representative of the in-home supportive services
personnel pursuant to Chapter 10 (commencing with Section 3500) of
Division 4 of Title 1 of the Government Code and transfer the
deducted funds as directed in that agreement.
   (3) Any county that elects to provide in-home supportive services
pursuant to this section shall be responsible for any increased costs
to the in-home supportive services case management, information, and
payrolling system attributable to that election. The department
shall collaborate with any county that elects to provide in-home
supportive services pursuant to this section prior to implementing
the amount of financial obligation for which the county shall be
responsible.
   (j) To the extent permitted by federal law, personal care option
funds, obtained pursuant to Subchapter 19 (commencing with Section
1396) of Chapter 7 of Title 42 of the United States Code, along with
matching funds using the state and county sharing ratio established
in subdivision (c) of Section 12306, or any other funds that are
obtained pursuant to Subchapter 19 (commencing with Section 1396) of
Chapter 7 of Title 42 of the United States Code, may be used to
establish and operate an entity authorized by this section.
   (k) Notwithstanding any other provision of law, the county, in
exercising its option to establish a public authority, shall not be
subject to competitive bidding requirements. However, contracts
entered into by either the county, a public authority, or a nonprofit
consortium pursuant to this section shall be subject to competitive
bidding as otherwise required by law.
   (l) (1) The department may adopt regulations implementing this
section as emergency regulations in accordance with Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title 2 of
the Government Code. For the purposes of the Administrative
Procedure Act, the adoption of the regulations shall be deemed an
emergency and necessary for the immediate preservation of the public
peace, health and safety, or general welfare. Notwithstanding Chapter
3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title
2 of the Government Code, these emergency regulations shall not be
subject to the review and approval of the Office of Administrative
Law.
   (2) Notwithstanding subdivision (h) of Section 11346.1 and Section
11349.6 of the Government Code, the department shall transmit these
regulations directly to the Secretary of State for filing. The
regulations shall become effective immediately upon filing by the
Secretary of State.
   (3) Except as otherwise provided for by Section 10554, the Office
of Administrative Law shall provide for the printing and publication
of these regulations in the California Code of Regulations. Emergency
regulations adopted pursuant to this subdivision shall remain in
effect for no more than 180 days.
   (m) (1) In the event that a county elects to form a nonprofit
consortium or public authority pursuant to subdivision (a) before the
State Department of Health Care Services has obtained all necessary
federal approvals pursuant to paragraph (3) of subdivision (j) of
Section 14132.95, all of the following shall apply:
   (A) Subdivision (d) shall apply only to those matters that do not
require federal approval.
   (B) The second sentence of subdivision (h) shall not be operative.

   (C) The nonprofit consortium or public authority shall not provide
services other than those specified in paragraphs (1), (2), (3),
(4), and (5) of subdivision (e).
   (2) Paragraph (1) shall become inoperative when the State
Department of Health Care Services has obtained all necessary federal
approvals pursuant to paragraph (3) of subdivision (j) of Section
14132.95.
   (n) (1) One year after the effective date of the first approval by
the department granted to the first public authority, the Bureau of
State Audits shall commission a study to review the performance of
that public authority.
   (2) The study shall be submitted to the Legislature and the
Governor not later than two years after the effective date of the
approval specified in subdivision (a). The study shall give special
attention to the health and welfare of the recipients under the
public authority, including the degree to which all required services
have been delivered, out-of-home placement rates, prompt response to
recipient complaints, and any other issue the director deems
relevant.
   (3) The report shall make recommendations to the Legislature and
the Governor for any changes to this section that will further ensure
the well-being of recipients and the most efficient delivery of
required services.
   (o) Commencing July 1, 1997, the department shall provide annual
reports to the appropriate fiscal and policy committees of the
Legislature on the efficacy of the implementation of this section,
and shall include an assessment of the quality of care provided
pursuant to this section.
   (p) (1) Notwithstanding any other provision of law, and except as
provided in paragraph (2), the department shall, no later than
January 1, 2009, implement subparagraphs (A) and (B) through an
all-county letter from the director:
   (A) Subparagraphs (A) and (B) of paragraph (2) of subdivision (e).

   (B) Subparagraph (B) of paragraph (5) of subdivision (e).
   (2) The department shall, no later than July 1, 2009, adopt
regulations to implement subparagraphs (A) and (B) of paragraph (1).
   (q) The amendments made to paragraphs (2) and (5) of subdivision
(e) made by the act that added this subdivision during the 2007-08
Regular Session of the Legislature shall only be implemented to the
extent that an appropriation is made in the annual Budget Act or
other statute, except for the amendments that added subparagraph (D)
of paragraph (2) of subdivision (e), which shall go into effect
January 1, 2009.
  SEC. 22.  Section 12302.2 of the Welfare and Institutions Code is
amended to read:
   12302.2.  (a) (1) If the state or a county makes or provides for
direct payment to a provider chosen by a recipient or to the
recipient for the purchase of in-home supportive services, the
department shall perform or assure the performance of all rights,
duties and obligations of the recipient relating to those services as
required for purposes of unemployment compensation, unemployment
compensation disability benefits, workers' compensation, federal and
state income tax, and federal old-age survivors and disability
insurance benefits. Those rights, duties, and obligations include,
but are not limited to, registration and obtaining employer account
numbers, providing information, notices, and reports, making
applications and returns, and withholding in trust from the payments
made to or on behalf of a recipient amounts to be withheld from the
wages of the provider by the recipient as an employer, including the
sales tax extended to support services by Article 4 (commencing with
Section 6150) of Chapter 2 of Part 1 of Division 2 of the Revenue and
Taxation Code, and transmitting those amounts along with amounts
required for all contributions, premiums, and taxes payable by the
recipient as the employer to the appropriate person or state or
federal agency. The department may assure the performance of any or
all of these rights, duties, and obligations by contract with any
person, or any public or private agency.
   (2) Contributions, premiums, and taxes shall be paid or
transmitted on the recipient's behalf as the employer for any period
commencing on or after January 1, 1978, except that contributions,
premiums, and taxes for federal and state income taxes and federal
old-age, survivors and disability insurance contributions shall be
paid or transmitted pursuant to this section commencing with the
first full month that begins 90 days after the effective date of this
section.
   (3) Contributions, premiums, and taxes paid or transmitted on the
recipient's behalf for unemployment compensation, workers'
compensation, and the employer's share of federal old-age survivors
and disability insurance benefits shall be payable in addition to the
maximum monthly amount established pursuant to Section 12303.5 or
subdivision (a) of Section 12304 or other amount payable to or on
behalf of a recipient. Contributions, premiums, or taxes resulting
from liability incurred by the recipient as employer for unemployment
compensation, workers' compensation, and federal old-age, survivors
and disability insurance benefits with respect to any period
commencing on or after January 1, 1978, and ending on or before the
effective date of this section shall also be payable in addition to
the maximum monthly amount established pursuant to Section 12303.5 or
subdivision (a) of Section 12304 or other amount payable to or on
behalf of the recipient. Nothing in this section shall be construed
to permit any interference with the recipient's right to select the
provider of services or to authorize a charge for administrative
costs against any amount payable to or on behalf of a recipient.
   (b) If the state makes or provides for direct payment to a
provider chosen by a recipient, the Controller shall make any
deductions from the wages of in-home supportive services personnel
that are authorized by Sections 1152 and 1153 of the Government Code,
as limited by Section 3515.6 of the Government Code, and for the
sales tax extended to support services by Article 4 (commencing with
Section 6150) of Chapter 2 of Part 1 of Division 2 of the Revenue and
Taxation Code.
   (c) Funding for the costs of administering this section and for
contributions, premiums, and taxes paid or transmitted on the
recipient's behalf as an employer pursuant to this section shall
qualify, where possible, for the maximum federal reimbursement. To
the extent that federal funds are inadequate, notwithstanding Section
12306, the state shall provide funding for the purposes of this
section.
  SEC. 23.  Section 12305.86 of the Welfare and Institutions Code is
amended to read:
   12305.86.  (a) Effective October 1, 2009, a county shall
investigate the background of a person who seeks to become a
supportive services provider and who is not listed on the registry of
a public authority or nonprofit consortium pursuant to Section
12301.6. This investigation shall include criminal background checks
conducted by the Department of Justice pursuant to Section 15660.
   (b) No later than July 1, 2010, the county shall complete a
criminal background check pursuant to subdivision (a) for a provider
who is providing in-home supportive services prior to October 1,
2009, and who is not listed on a public authority or nonprofit
consortium registry, as a condition of the provider's continued
enrollment in the IHSS program. Criminal background checks shall be
conducted at the provider's expense.
   (c) (1) Upon notice from the Department of Justice that a
prospective or current provider has been convicted of a criminal
offense specified in Section 12305.81, the county shall deny or
terminate the applicant's request to become a provider of supportive
services to any recipient of the In-Home Supportive Services program.

   (2) Commencing 90 days after the effective date of the act that
adds Section 12305.87, and upon notice from the Department of Justice
that an applicant who is subject to the provisions of that section
has been convicted of, or incarcerated following conviction for, an
offense described in subdivision (b) of that section, the county
shall deny the applicant's request to become a provider of supportive
services to any recipient of in-home supportive services, subject to
the individual waiver and exception processes described in that
section. An applicant who is denied on the basis of Section 12305.87
shall be informed by the county of the individual waiver and
exception processes described in that section.
   (3) If an applicant or provider is rejected as a result of
information contained in the criminal background report, the
applicant or provider shall receive a copy of his or her own criminal
history record from the Department of Justice, as provided in
Article 5 (commencing with Section 11120) of Chapter 1 of Title 1 of
Part 4 of the Penal Code, to review the information for accuracy and
completeness. The applicant or provider shall be advised that if,
upon review of his or her own criminal history record, he or she
finds the information to be inaccurate or incomplete, the applicant
or provider shall have the right to submit a formal challenge to the
Department of Justice to contest the criminal background report.
   (4) The department shall develop a written appeal process for the
current and prospective providers who are determined ineligible to
receive payment for the provision of services under the In-Home
Supportive Services program.
   (5) An applicant shall be informed of his or her right to a waiver
of the fee for obtaining a copy of a criminal history record, and of
how to submit a claim and proof of indigency, as required by Section
11123 of the Penal Code.
   (d) Nothing in this section shall be construed to prohibit the
Department of Justice from assessing a fee pursuant to Section 11105
or 11123 of the Penal Code to cover the cost of furnishing summary
criminal history information.
   (e) A county authorized to secure a criminal background check
clearance pursuant to this section shall accept a clearance for an
individual described in subdivision (a) or (b) who has been deemed
eligible by another nonprofit consortium, public authority, or county
with criminal background check authority pursuant to either Section
12301.6 or this section, to receive payment for providing services
pursuant to this article. Existence of a clearance shall be
determined by verification through the case management, information,
and payrolling system, that another county, nonprofit consortium, or
public authority with criminal background check authority pursuant to
Section 12301.6 or this section has deemed the current or
prospective provider to be eligible to receive payment for providing
services pursuant to this article.
   (f) The department shall seek federal financial participation, to
the extent possible, to cover any costs associated with this section.

  SEC. 24.  Section 12305.87 is added to the Welfare and Institutions
Code, to read:
   12305.87.  (a) (1) Commencing 90 days following the effective date
of the act that adds this section, a person specified in paragraph
(2) shall be subject to the criminal conviction exclusions provided
for in this section, in addition to the exclusions required under
Section 12305.81.
   (2) This section shall apply to a person who satisfies either of
the following conditions:
   (A) He or she is a new applicant to provide services under this
article.
   (B) He or she is an applicant to provide services under this
article whose application has been denied on the basis of a
conviction and for whom an appeal of that denial is pending.
   (b) Subject to subdivisions (c), (d), and (e), an applicant
subject to this section shall not be eligible to provide or receive
payment for providing supportive services for 10 years following a
conviction for, or incarceration following a conviction for, any of
the following:
   (1) A violent or serious felony, as specified in subdivision (c)
of Section 667.5 of the Penal Code and subdivision (c) of Section
1192.7 of the Penal Code.
   (2) A felony offense for which a person is required to register
under subdivision (c) of Section 290 of the Penal Code. For purposes
of this subparagraph, the 10-year time period specified in this
section shall commence with the date of conviction for, or
incarceration following a conviction for, the underlying offense, and
not the date of registration.
   (3) A felony offense described in paragraph (2) of subdivision (c)
or paragraph (2) of subdivision (g) of Section 10980.
   (c) Notwithstanding subdivision (b), an application shall not be
denied under this section if the applicant has obtained a certificate
of rehabilitation under Chapter 3.5 (commencing with Section
4852.01) of Title 6 of Part 3 of the Penal Code or the information or
accusation against him or her has been dismissed pursuant to Section
1203.4 of the Penal Code.
   (d) (1) Notwithstanding subdivision (b), a recipient of services
under this article who wishes to employ a provider applicant who has
been convicted of an offense specified in subdivision (b) may submit
to the county an individual waiver of the exclusion provided for in
this section. This paragraph shall not be construed to allow a
recipient to submit an individual waiver with respect to a conviction
or convictions for offenses specified in Section 12305.81.
   (2) The county shall notify a recipient who wishes to hire a
person who is applying to be a provider and who has been convicted of
an offense subject to exclusion under this section of that applicant'
s relevant criminal offense convictions that are covered by
subdivision (b). The notice shall include both of the following:
   (A) A summary explanation of the exclusions created by subdivision
(b), as well as the applicable waiver process described in this
subdivision and the process for an applicant to seek a general
exception, as described in subdivision (e). This summary explanation
shall be developed by the department for use by all counties.
   (B) An individual waiver form, which shall also be developed by
the department and used by all counties. The waiver form shall
include both of the following:
   (i) A space for the county to include a reference to any Penal
Code sections and corresponding offense names or descriptions that
describe the relevant conviction or convictions that are covered by
subdivision (b) and that the provider applicant has in his or her
background.
   (ii) A statement that the service recipient, or his or her
authorized representative, if applicable, is aware of the applicant's
conviction or convictions and agrees to waive application of this
section and employ the applicant as a provider of services under this
article.
   (3) To ensure that the initial summary explanation referenced in
this subdivision is comprehensible for recipients and provider
applicants, the department shall consult with representatives of
county welfare departments and advocates for, or representatives of,
recipients and providers in developing the summary explanation and
offense descriptions.
   (4) The individual waiver form shall be signed by the recipient,
or by the recipient's authorized representative, if applicable, and
returned to the county welfare department by mail or in person. The
county shall retain the waiver form and a copy of the provider
applicant's criminal offense record information search response until
the date that the convictions that are the subject of the waiver
request are no longer within the 10-year period specified in
subdivision (b).
   (5) An individual waiver submitted pursuant to this subdivision
shall entitle a recipient to hire a provider applicant who otherwise
meets all applicable enrollment requirements for the In-Home
Supportive Services program. A provider hired pursuant to an
individual waiver may be employed only by the recipient who requested
that waiver, and the waiver shall only be valid with respect to
convictions that are specified in that waiver. A new waiver shall be
required if the provider is subsequently convicted of an offense to
which this section otherwise would apply. A provider who wishes to be
listed on a provider registry or to provide supportive services to a
recipient who has not requested an individual waiver shall be
required to apply for a general exception, as provided for in
subdivision (e).
   (6) Nothing in this section shall preclude a provider who is
eligible to receive payment for services provided pursuant to an
individual waiver under this subdivision from being eligible to
receive payment for services provided to one or more additional
recipients who obtain waivers pursuant to this same subdivision.
   (7) The state and a county shall be immune from any liability
resulting from granting an individual waiver under this subdivision.
   (e) (1) Notwithstanding subdivision (b), an applicant who has been
convicted of an offense identified in subdivision (b) may seek from
the department a general exception to the exclusion provided for in
this section.
   (2) Upon receipt of a general exception request, the department
shall request a copy of the applicant's criminal offender record
information search response from the applicable county welfare
department. Notwithstanding any other provision of law, the county
shall provide a copy of the criminal offender record information
search response, as provided to the county by the Department of
Justice, to the department. The county shall provide this information
in a manner that protects the confidentiality and privacy of the
criminal offender record information search response. The state or
federal criminal history record information search response shall not
be modified or altered from its form or content as provided by the
Department of Justice.
   (3) The department shall consider the following factors when
determining whether to grant a general exception under this
subdivision:
   (A) The nature and seriousness of the conduct or crime under
consideration and its relationship to employment duties and
responsibilities.
   (B) The person's activities since conviction, including, but not
limited to, employment or participation in therapy education, or
community service, that would indicate changed behavior.
   (C) The number of convictions and the time that has elapsed since
the conviction or convictions.
   (D) The extent to which the person has complied with any terms of
parole, probation, restitution, or any other sanction lawfully
imposed against the person.
   (E) Any evidence of rehabilitation, including character
references, submitted by the person, or by others on the person's
behalf.
   (F) Employment history and current or former employer
recommendations. Additional consideration shall be given to employer
recommendations provided by a person who has received or has
indicated a desire to receive supportive or personal care services
from the applicant, including, but not limited to, those services,
specified in Section 12300.
                                                    (G) Circumstances
surrounding the commission of the offense that would demonstrate the
unlikelihood of repetition.
   (H) The granting by the Governor of a full and unconditional
pardon.
   (f) If the department makes a determination to deny an application
to provide services pursuant to a request for a general exception,
the department shall notify the applicant of this determination by
either personal service or registered mail. The notice shall include
the following information:
   (1) A statement of the department's reasons for the denial that
evaluates evidence of rehabilitation submitted by the applicant, if
any, and that specifically addresses any evidence submitted relating
to the factors in paragraph (3) of subdivision (e).
   (2) A copy of the applicant's criminal offender record information
search response, even if the applicant already has received a copy
pursuant to Section 12301.6 or 12305.86. The department shall provide
this information in a manner that protects the confidentiality and
privacy of the criminal offender record information search response.
   (A) The state or federal criminal history record shall not be
modified or altered from its form or content as provided by the
Department of Justice.
   (B) The department shall retain a copy of each individual's
criminal offender record information search response until the date
that the convictions that are the subject of the exception are no
longer within the 10-year period specified in subdivision (b), and
shall record the date the copy of the response was provided to the
individual and the department.
   (C) The criminal offender record information search response shall
not be made available by the department to any individual other than
the provider applicant.
   (g) (1) Upon written notification that the department has
determined that a request for exception shall be denied, the
applicant may request an administrative hearing by submitting a
written request to the department within 15 business days of receipt
of the written notification. Upon receipt of a written request, the
department shall hold an administrative hearing consistent with the
procedures specified in Section 100171 of the Health and Safety Code,
except where those procedures are inconsistent with this section.
   (2) A hearing under this subdivision shall be conducted by a
hearing officer or administrative law judge designated by the
director. A written decision shall be sent by certified mail to the
applicant.
   (h) The department shall revise the provider enrollment form
developed pursuant to Section 12305.81 to include both of the
following:
   (1) The text of subdivision (c) of Section 290 of the Penal Code,
subdivision (c) of Section 667.5 of the Penal Code, subdivision (c)
of Section 1192.7 of the Penal Code, and paragraph (2) of
subdivisions (c) and (g) of Section 10980.
   (2) A statement that the provider understands that if he or she
has been convicted, or incarcerated following conviction for, any of
the crimes specified in the provisions identified in paragraph (b) in
the last 10 years, and has not received a certificate of
rehabilitation or had the information or accusation dismissed, as
provided in subdivision (c), he or she shall only be authorized to
receive payment for providing in-home supportive services under an
individual waiver or general exception as described in this section,
and upon meeting all other applicable criteria for enrollment as a
provider in the program.
   (i) (1) Notwithstanding the rulemaking provisions of the
Administrative Procedure Act (Chapter 3.5 (commencing with Section
11340) of Part 1 of Division 3 of Title 2 of the Government Code),
the department may implement and administer this section through
all-county letters or similar instructions from the department until
regulations are adopted. The department shall adopt emergency
regulations implementing these provisions no later than July 1, 2011.
The department may readopt any emergency regulation authorized by
this section that is the same as or substantially equivalent to an
emergency regulation previously adopted under this section.
   (2) The initial adoption of emergency regulations pursuant to this
section and one readoption of emergency regulations shall be deemed
an emergency and necessary for the immediate preservation of the
public peace, health, safety, or general welfare. Initial emergency
regulations and the one readoption of emergency regulations
authorized by this section shall be exempt from review by the Office
of Administrative Law. The initial emergency regulations and the one
readoption of emergency regulations authorized by this section shall
be submitted to the Office of Administrative Law for filing with the
Secretary of State and each shall remain in effect for no more than
180 days, by which time final regulations may be adopted.
   (j) In developing the individual waiver form and all-county
letters or information notices or similar instructions, the
department shall consult with stakeholders, including, but not
limited to, representatives of the county welfare departments, and
representatives of consumers and providers. The consultation shall
include at least one in-person meeting prior to the finalization of
the individual waiver form and all-county letters or information
notices or similar instructions.
  SEC. 25.  Section 12306.1 of the Welfare and Institutions Code is
amended to read:
   12306.1.  (a) When any increase in provider wages or benefits is
negotiated or agreed to by a public authority or nonprofit consortium
under Section 12301.6, then the county shall use county-only funds
to fund both the county share and the state share, including
employment taxes, of any increase in the cost of the program, unless
otherwise provided for in the annual Budget Act or appropriated by
statute. No increase in wages or benefits negotiated or agreed to
pursuant to this section shall take effect unless and until, prior to
its implementation, the department has obtained the approval of the
State Department of Health Care Services for the increase pursuant to
a determination that it is consistent with federal law and to ensure
federal financial participation for the services under Title XIX of
the federal Social Security Act, and unless and until all of the
following conditions have been met:
   (1) Each county has provided the department with documentation of
the approval of the county board of supervisors of the proposed
public authority or nonprofit consortium rate, including wages and
related expenditures. The documentation shall be received by the
department before the department and the State Department of Health
Care Services may approve the increase.
   (2) Each county has met department guidelines and regulatory
requirements as a condition of receiving state participation in the
rate.
   (b) Any rate approved pursuant to subdivision (a) shall take
effect commencing on the first day of the month subsequent to the
month in which final approval is received from the department. The
department may grant approval on a conditional basis, subject to the
availability of funding.
   (c) The state shall pay 65 percent, and each county shall pay 35
percent, of the nonfederal share of wage and benefit increases
negotiated by a public authority or nonprofit consortium pursuant to
Section 12301.6 and associated employment taxes, only in accordance
with subdivisions (d) to (f), inclusive.
   (d) (1) The state shall participate as provided in subdivision (c)
in wages up to seven dollars and fifty cents ($7.50) per hour and
individual health benefits up to sixty cents ($0.60) per hour for all
public authority or nonprofit consortium providers. This paragraph
shall be operative for the 2000-01 fiscal year and each year
thereafter unless otherwise provided in paragraphs (2), (3), (4), and
(5), and without regard to when the wage and benefit increase
becomes effective.
   (2) The state shall participate as provided in subdivision (c) in
a total of wages and individual health benefits up to nine dollars
and ten cents ($9.10) per hour, if wages have reached at least seven
dollars and fifty cents ($7.50) per hour. Counties shall determine,
pursuant to the collective bargaining process provided for in
subdivision (c) of Section 12301.6, what portion of the nine dollars
and ten cents ($9.10) per hour shall be used to fund wage increases
above seven dollars and fifty cents ($7.50) per hour or individual
health benefit increases, or both. This paragraph shall be operative
for the 2001-02 fiscal year and each fiscal year thereafter, unless
otherwise provided in paragraphs (3), (4), and (5).
   (3) The state shall participate as provided in subdivision (c) in
a total of wages and individual health benefits up to ten dollars and
ten cents ($10.10) per hour, if wages have reached at least seven
dollars and fifty cents ($7.50) per hour. Counties shall determine,
pursuant to the collective bargaining process provided for in
subdivision (c) of Section 12301.6, what portion of the ten dollars
and ten cents ($10.10) per hour shall be used to fund wage increases
above seven dollars and fifty cents ($7.50) per hour or individual
health benefit increases, or both. This paragraph shall be operative
commencing with the next state fiscal year for which the May Revision
forecast of General Fund revenue, excluding transfers, exceeds by at
least 5 percent, the most current estimate of revenue, excluding
transfers, for the year in which paragraph (2) became operative.
   (4) The state shall participate as provided in subdivision (c) in
a total of wages and individual health benefits up to eleven dollars
and ten cents ($11.10) per hour, if wages have reached at least seven
dollars and fifty cents ($7.50) per hour. Counties shall determine,
pursuant to the collective bargaining process provided for in
subdivision (c) of Section 12301.6, what portion of the eleven
dollars and ten cents ($11.10) per hour shall be used to fund wage
increases or individual health benefits, or both. This paragraph
shall be operative commencing with the next state fiscal year for
which the May Revision forecast of General Fund revenue, excluding
transfers, exceeds by at least 5 percent, the most current estimate
of revenues, excluding transfers, for the year in which paragraph (3)
became operative.
   (5) The state shall participate as provided in subdivision (c) in
a total cost of wages and individual health benefits up to twelve
dollars and ten cents ($12.10) per hour, if wages have reached at
least seven dollars and fifty cents ($7.50) per hour. Counties shall
determine, pursuant to the collective bargaining process provided for
in subdivision (c) of Section 12301.6, what portion of the twelve
dollars and ten cents ($12.10) per hour shall be used to fund wage
increases above seven dollars and fifty cents ($7.50) per hour or
individual health benefit increases, or both. This paragraph shall be
operative commencing with the next state fiscal year for which the
May Revision forecast of General Fund revenue, excluding transfers,
exceeds by at least 5 percent, the most current estimate of revenues,
excluding transfers, for the year in which paragraph (4) became
operative.
   (6) Notwithstanding paragraphs (2) to (5), inclusive, the state
shall participate as provided in subdivision (c) in a total cost of
wages up to nine dollars and fifty cents ($9.50) per hour and in
individual health benefits up to sixty cents ($0.60) per hour. This
paragraph shall become operative on July 1, 2009.
   (7) (A) The Legislature finds and declares that injunctions issued
by the courts have prevented the state from implementing the changes
described in paragraph (6) during the pendency of litigation. To
avoid confusion for providers, recipients, and other stakeholders, it
is therefore the intent of the Legislature to temporarily suspend
the reductions described in that paragraph until July 1, 2012, to
allow the litigation to reach a final result.
   (B) Paragraph (6) shall not be implemented until July 1, 2012, and
as of that date shall only be implemented if a court of competent
jurisdiction has issued an order, that is not subject to appeal or
for which the time to appeal has expired, upholding its validity.
   (e) (1) On or before May 14 immediately prior to the fiscal year
for which state participation is provided under paragraphs (2) to
(5), inclusive, of subdivision (d), the Director of Finance shall
certify to the Governor, the appropriate committees of the
Legislature, and the department that the condition for each
subdivision to become operative has been met.
   (2) For purposes of certifications under paragraph (1), the
General Fund revenue forecast, excluding transfers, that is used for
the relevant fiscal year shall be calculated in a manner that is
consistent with the definition of General Fund revenues, excluding
transfers, that was used by the Department of Finance in the 2000-01
Governor's Budget revenue forecast as reflected on Schedule 8 of the
Governor's Budget.
   (f) Any increase in overall state participation in wage and
benefit increases under paragraphs (2) to (5), inclusive, of
subdivision (d), shall be limited to a wage and benefit increase of
one dollar ($1) per hour with respect to any fiscal year. With
respect to actual changes in specific wages and health benefits
negotiated through the collective bargaining process, the state shall
participate in the costs, as approved in subdivision (c), up to the
maximum levels as provided under paragraphs (2) to (6), inclusive, of
subdivision (d).
  SEC. 26.  Section 12306.6 is added to the Welfare and Institutions
Code, to read:
   12306.6.  (a) (1) Notwithstanding any other provision of law,
beginning on the date for which the federal Centers for Medicare and
Medicaid Services authorizes commencement of the implementation of
this section, but no earlier than July 1, 2010, and concurrent with
the collection of the sales tax extended to support services pursuant
to Article 4 (commencing with Section 6150) of Chapter 2 of Part 1
of Division 2 of the Revenue and Taxation Code, a provider of in-home
supportive services shall receive a supplementary payment under this
article equal to a percentage, as set forth in paragraph (2), of the
gross receipts, as defined in subdivision (b) of Section 6150 of the
Revenue and Taxation Code, of the provider for the sale of in-home
supportive services, plus an amount described in paragraph (3) if
applicable. If the underlying payment for in-home supportive services
that is being supplemented is a Medi-Cal payment, then the
supplementary payment shall also be a Medi-Cal payment. Supplementary
payments shall be made only to those providers from whom the tax
imposed pursuant to Section 6151 of the Revenue and Taxation Code has
been collected.
   (2) The percentage applicable to the supplementary payment
required by paragraph (1) shall equal the rate described in
subdivision (b) of Section 6151 of the Revenue and Taxation Code and
shall only be applied to services provided under this article,
including personal care option services reimbursable under the
Medi-Cal program.
   (3) The supplementary payment of an individual provider whose
payroll withholding required for federal income tax purposes and for
purposes of taxation for the Social Security and Medicare programs is
increased due to the supplementary payment, in comparison to the
amounts for those purposes that would be withheld without the
supplementary payment, shall be increased by an additional amount
that is equal to the amount of this additional federal withholding.
   (b) (1) All revenues deposited in the Personal Care IHSS Quality
Assurance Revenue Fund established pursuant to Section 6168 of the
Revenue and Taxation Code shall be used solely for purposes of the
In-Home Supportive Services program, including, but not limited to,
those services provided under the Medi-Cal program. All supplementary
payments required by this section shall be paid from the Personal
Care IHSS Quality Assurance Revenue Fund.
   (2) The Director of Finance shall determine the sum required to be
deposited in the Personal Care IHSS Quality Assurance Revenue Fund
to fund the initial supplementary payments from the fund. As soon
thereafter as reasonably possible, this sum shall be transferred, in
the form of a loan, from the General Fund to the Personal Care IHSS
Quality Assurance Revenue Fund. At the time sufficient revenues have
been deposited in the Personal Care IHSS Quality Assurance Revenue
Fund pursuant to Section 6168 of the Revenue and Taxation Code to
sustain the continued operation of the fund for that portion of the
supplementary payment described in paragraph (2) of subdivision (a)
plus an additional amount equal to the General Fund loan made
pursuant to this paragraph, plus interest, the sum transferred from
the General Fund, including interest, shall be repaid to the General
Fund. Subsequent supplementary payments pursuant to this section
shall be made from revenue deposited in the Personal Care IHSS
Quality Assurance Revenue Fund pursuant to Section 6168 of the
Revenue and Taxation Code.
   (3) The Department of Finance, on an ongoing basis, shall
determine the amount necessary to implement paragraph (3) of
subdivision (a), and subdivision (c) of Section 12302.2, and
immediately transfer this amount from the General Fund to the
Personal Care IHSS Quality Assurance Revenue Fund.
   (c) (1) The Director of Health Care Services shall seek all
federal Medicaid approvals necessary to implement this section,
including using the revenues obtained pursuant to Article 4
(commencing with Section 6150) of Chapter 2 of Part 1 of Division 2
of the Revenue and Taxation Code as the nonfederal share for
supplementary payments. As part of that request for approval, the
director shall seek to make the supplementary payments effective as
of July 1, 2010.
   (2) This section shall become operative only if the federal
Centers for Medicare and Medicaid Services grants Medicaid approvals
sought pursuant to paragraph (1).
   (3) If Medicaid approval is granted pursuant to paragraph (2),
within 10 days of that approval the Director of Health Care Services
shall notify the State Board of Equalization and the appropriate
fiscal and policy committees of the Legislature of the approval.
   (d) If Article 4 (commencing with Section 6150) of Chapter 2 of
Part 1 of Division 2 of the Revenue and Taxation Code becomes
inoperative pursuant to subdivision (b) of Section 6170 of the
Revenue and Taxation Code, supplementary payments shall cease to be
made pursuant to subdivision (a) when all moneys in the fund have
been expended.
   (e) (1) Notwithstanding the rulemaking provisions of the
Administrative Procedure Act, Chapter 3.5 (commencing with Section
11340) of Part 1 of Division 3 of Title 2 of the Government Code, the
department and the State Department of Health Care Services may
implement and administer this section through all-county letters or
similar instruction from the department and the State Department of
Health Care Services until regulations are adopted. The department
and the State Department of Health Care Services shall adopt
emergency regulations implementing this section no later than 12
months following the initial effective date of the supplementary
payments. The department and the State Department of Health Care
Services may readopt any emergency regulation authorized by this
section that is the same as or substantially equivalent to an
emergency regulation previously adopted under this section.
   (2) The initial adoption of emergency regulations implementing
this section and the one readoption of emergency regulations
authorized by this subdivision shall be deemed an emergency and
necessary for the immediate preservation of the public peace, health,
safety, or general welfare. Initial emergency regulations and the
one readoption of emergency regulations authorized by this section
shall be exempt from review and approval by the Office of
Administrative Law. The initial emergency regulations and the one
readoption of emergency regulations authorized by this section shall
be submitted to the Office of Administrative Law for filing with the
Secretary of State and each shall remain in effect for no more than
180 days, by which time final regulations may be adopted.
   (f) This section shall remain in effect only until the January 1
following the date supplementary payments cease to be made pursuant
to subdivision (d), and as of that date is repealed.
  SEC. 27.  Section 12309 of the Welfare and Institutions Code is
amended to read:
   12309.  (a) In order to assure that in-home supportive services
are delivered in all counties in a uniform manner, the department
shall develop a uniform needs assessment tool.
   (b) (1) Each county shall, in administering this article, use the
uniform needs assessment tool developed pursuant to subdivision (a)
in collecting and evaluating information.
   (2) For purposes of paragraph (1), "information" includes, but is
not limited to, all of the following:
   (A) The recipient's living environment.
   (B) Alternative resources.
   (C) The recipient's functional abilities.
   (c) (1) The uniform needs assessment tool developed pursuant to
subdivision (a) shall evaluate the recipient's functioning in
activities of daily living and instrumental activities of daily
living.
   (2) The recipient's functioning shall be quantified, using the
general hierarchical five-point scale for ranking each function, as
specified in subdivision (d).
   (d) The recipient's functioning ranks shall be as follows:
   (1) Rank one. A recipient's functioning shall be classified as
rank one if his or her functioning is independent, and he or she is
able to perform the function without human assistance, although the
recipient may have difficulty in performing the function, but the
completion of the function, with or without a device or mobility aid,
poses no substantial risk to his or her safety.
   (2) Rank two. A recipient's functioning shall be classified as
rank two if he or she is able to perform a function, but needs verbal
assistance, such as reminding, guidance, or encouragement.
   (3) Rank three. A recipient's functioning shall be classified as
rank three if he or she can perform the function with some human
assistance, including, but not limited to, direct physical assistance
from a provider.
   (4) Rank four. A recipient's functioning shall be classified as
rank four if he or she can perform a function, but only with
substantial human assistance.
   (5) Rank five. A recipient's functioning shall be classified as
rank five if he or she cannot perform the function, with or without
human assistance.
   (e) (1) Notwithstanding any other law, and effective September 1,
2009, individuals shall be eligible for each domestic or related
service only if assessed at a rank four or five, as defined in
subdivision (d), in the activity of daily living relating to that
service. The activities of daily living that relate to domestic and
related services are defined in regulations and include housework,
laundry, shopping and errands, meal preparation, and meal cleanup.
The rank for each domestic and related service shall be determined
based on an assessment of need for supportive services by the county,
in accordance with this section and the hourly task guidelines as
defined by Section 12301.2. This paragraph does not apply to
individuals meeting one of the conditions specified in paragraph (2).

   (2) Paragraph (1) shall not apply to individuals authorized to
receive either protective supervision pursuant to subdivision (b) of
Section 12300 and Section 12301.21 or paramedical services pursuant
to Section 12300.1, or to individuals authorized to receive over 120
hours of services per month.
   (3) To the extent necessary to maintain federal financial
participation, the director may waive any or all of the provisions of
paragraph (2), after consultation with the State Department of
Health Care Services.
   (f) A recipient shall be assigned a functional index score. The
functional index score for a recipient shall be a weighted average
based on the individual functional index rankings, as described in
subdivision (d), to provide a single measure of a recipient's
relative dependence on human assistance for performance of activities
of daily living that are used in the assessment of services provided
pursuant to this article.
   (g) (1) Notwithstanding the rulemaking provisions of the
Administrative Procedure Act (Chapter 3.5 (commencing with Section
11340) of Part 1 of Division 3 of Title 2 of the Government Code) the
department may implement and administer this section through
all-county letters or similar instruction from the department until
regulations are adopted. The department shall adopt emergency
regulations implementing this section no later than July 1, 2010. The
department may readopt any emergency regulation authorized by this
section that is the same as or substantially equivalent to an
emergency regulation previously adopted under this section.
   (2) The initial adoption of emergency regulations implementing
this section and one readoption of emergency regulations shall be
deemed an emergency and necessary for the immediate preservation of
the public peace, health, safety, or general welfare. Initial
emergency regulations and the one readoption of emergency regulations
authorized by this subdivision shall be exempt from review and
approval by the Office of Administrative Law. The initial emergency
regulations and the one readoption of emergency regulations
authorized by this subdivision shall be submitted to the Office of
Administrative Law for filing with the Secretary of State and each
shall remain in effect for no more than 180 days, by which time final
regulations may be adopted.
   (h) Subdivisions (e), (f), and (g) shall become operative on
September 1, 2009.
   (i)  (1) The Legislature finds and declares that injunctions
issued by the courts have prevented the state from implementing the
changes described in subdivisions (e), (f), and (g) during the
pendency of litigation. To avoid confusion for providers, recipients,
and other stakeholders, it is therefore the intent of the
Legislature to temporarily suspend the reductions described in those
subdivisions until July 1, 2012, to allow the litigation to reach a
final result.
   (2) Notwithstanding subdivision (h) or any other provision of law,
subdivisions (e), (f), and (g) shall not be implemented until July
1, 2012, and as by that date shall only be implemented if a court of
competent jurisdiction has issued an order, that is not subject to
appeal or for which the time to appeal has expired, upholding their
validity.
                                                     SEC. 28.
Section 12309.2 of the Welfare and Institutions Code is amended to
read:
   12309.2.  (a) Notwithstanding any other law, except as provided in
subdivision (b), and pursuant to subdivision (e) of Section 12309,
and effective September 1, 2009, eligibility for in-home supportive
services provided pursuant to Article 7 (commencing with Section
12300) of Chapter 3 shall also include functional index scores
calculated pursuant to subdivision (f) of Section 12309, as follows:
   (1) Individuals with a functional index score of 2.0 and above
shall be eligible to receive all appropriate in-home supportive
services provided pursuant to this article.
   (2) Individuals with a functional index score below 2.0 shall not
be eligible for any in-home supportive services provided pursuant to
this article.
   (3) Paragraph (2) shall not apply to individuals authorized to
receive protective supervision pursuant to subdivision (b) of Section
12300 and Section 12301.21 or paramedical services pursuant to
Section 12300.1, or to individuals authorized to receive over 120
hours of services per month pursuant to Section 12301.2.
   (4) To the extent necessary to maintain federal financial
participation, the director may waive any or all of the provisions of
paragraph (3), after consultation with the State Department of
Health Care Services.
   (b) The department shall modify the notice of action forms to
inform individuals whose hours are reduced or for whom eligibility is
eliminated by the changes made to Section 12309 or this section by
the act adding this section of their functional rank and functional
index score. The form shall be modified no later than September 1,
2009.
   (c) (1) Notwithstanding the rulemaking provisions of the
Administrative Procedure Act, Chapter 3.5 (commencing with Section
11340) of Part 1 of Division 3 of Title 2 of the Government Code, the
department may implement and administer this section through
all-county letters or similar instruction from the department until
regulations are adopted. The department shall adopt emergency
regulations implementing this section no later than July 1, 2010. The
department may readopt any emergency regulation authorized by this
section that is the same as or substantially equivalent to an
emergency regulation previously adopted under this section.
   (2) The initial adoption of emergency regulations implementing
this section and the one readoption of emergency regulations
authorized by this subdivision shall be deemed an emergency and
necessary for the immediate preservation of the public peace, health,
safety, or general welfare. Initial emergency regulations and the
one readoption of emergency regulations authorized by this section
shall be exempt from review and approval by the Office of
Administrative Law. The initial emergency regulations and the one
readoption of emergency regulations authorized by this section shall
be submitted to the Office of Administrative Law for filing with the
Secretary of State and each shall remain in effect for no more than
180 days, by which time final regulations may be adopted.
   (d) This section shall become operative on September 1, 2009.
   (e) (1) The Legislature finds and declares that injunctions issued
by the courts have prevented the state from implementing the changes
described in this section during the pendency of litigation. To
avoid confusion for providers, recipients, and other stakeholders, it
is therefore the intent of the Legislature to temporarily suspend
the reductions described in this section until July 1, 2012, to allow
the litigation to reach a final result.
   (2) Notwithstanding subdivision (d) or any other provision of law,
this section shall not be implemented until July 1, 2012, and as of
that date shall only be implemented if a court of competent
jurisdiction has issued an order, that is not subject to appeal or
for which the time to appeal has expired, upholding its validity.
  SEC. 29.  Section 15525 of the Welfare and Institutions Code is
amended to read:
   15525.  (a) The State Department of Social Services shall
establish a Work Incentive Nutritional Supplement (WINS) program
pursuant to this section.
   (b) Under the WINS program established pursuant to subdivision
(a), each county shall provide a forty dollar ($40) per month
additional food assistance benefit for each eligible food stamp
household, as defined in subdivision (d).
   (c) The state shall pay to the counties 100 percent of the cost of
WINS benefits, using funds that qualify for the state's maintenance
of effort requirements under Section 609(a)(7)(B)(i) of Title 42 of
the United States Code.
   (d) For purposes of this section, an "eligible food stamp
household" is a household that meets all of the following criteria:
   (1) Receives benefits pursuant to Chapter 10 (commencing with
Section 18900) of Part 6.
   (2) Has no household member receiving CalWORKs benefits pursuant
to Chapter 2 (commencing with Section 11200).
   (3) Contains at least one child under 18 years of age, unless the
household contains a child who meets the requirements of Section
11253.
   (4) Has at least one parent or caretaker relative determined to be
"work eligible" as defined in Section 261.2(n) of Title 45 of the
Code of Federal Regulations and Section 607 of Title 42 of the United
States Code.
   (5) Meets the federal work participation hours requirement set
forth in Section 607 of Title 42 of the United States Code for
subsidized or unsubsidized employment, and provides documentation
that the household has met the federal work requirements.
   (e) (1) In accordance with federal law, federal food stamp
benefits (Chapter 10 (commencing with Section 18900) of Part 6),
federal supplemental security income benefits, state supplemental
security program benefits, public social services, as defined in
Section 10051, and county aid benefits (Part 5 (commencing with
Section 17000)), shall not be reduced as a consequence of the receipt
of the WINS benefit paid under this chapter.
   (2) Benefits paid under this chapter shall not count toward the
federal 60-month time limit on aid as set forth in Section 608(a)(7)
(A) of Title 42 of the United States Code. Payment of WINS benefits
shall not commence before October 1, 2012, and full implementation of
the program shall be achieved on or before April 1, 2013.
   (f) (1) Notwithstanding the rulemaking provisions of the
Administrative Procedure Act (Chapter 3.5 (commencing with Section
11340) of Part 1 of Division 3 of Title 2 of the Government Code and
Section 10554), until emergency regulations are filed with the
Secretary of State pursuant to paragraph (2), the State Department of
Social Services may implement this section through all-county
letters or similar instructions from the director. The director may
provide for individual county phase-in of this section to allow for
the orderly implementation based upon standards established by the
director, including the operational needs and requirements of the
counties. Implementation of the automation process changes shall
include issuance of an all-county letter or similar instructions to
counties by March 1, 2012.
   (2) The department may adopt regulations to implement this
chapter. The initial adoption, amendment, or repeal of a regulation
authorized by this section is deemed to address an emergency, for
purposes of Sections 11346.1 and 11349.6 of the Government Code, and
the department is hereby exempted for that purpose from the
requirements of subdivision (b) of Section 11346.1 of the Government
Code. After the initial adoption, amendment, or repeal of an
emergency regulation pursuant to this paragraph, the department may
request approval from the Office of Administrative Law to readopt the
regulation as an emergency regulation pursuant to Section 11346.1 of
the Government Code.
   (g) (1) The department shall not fully implement this section
until the department convenes a workgroup of advocates, legislative
staff, county representatives, and other stakeholders to consider the
progress of the WINS automation effort in tandem with a
pre-assistance employment readiness system (PAERS) program and any
other program options that may provide offsetting benefits to the
caseload reduction credit in the CalWORKs program. The department
shall convene this workgroup on or before December 1, 2011.
   (2) A PAERS program shall be considered in light of current and
potential federal Temporary Assistance for Needy Families (TANF)
statutes and regulations and how other states with pre-assistance or
other caseload offset options are responding to federal changes.
   (3) The consideration of program options shall include, but not
necessarily be limited to, the potential impacts on helping clients
to obtain self-sufficiency, increasing the federal work participation
rate, increasing the caseload reduction credit, requirements and
efficiency of county administration, and the well-being of CalWORKs
recipients.
   (4) If the workgroup concludes that adopting a PAERS program or
other program option pursuant to this section would, on balance, be
favorable for California and its CalWORKs recipients, the department,
in consultation with the workgroup, shall prepare a proposal by
March 31, 2012, for consideration during the regular legislative
budget subcommittee process in 2012.
   (5) To meet the requirements of this subdivision, the department
may use its TANF reauthorization workgroups.
  SEC. 30.  Section 18906.55 is added to the Welfare and Institutions
Code, to read:
   18906.55.  (a) Notwithstanding Section 18906.5 or any other law,
as a result of the substantial fiscal pressures on counties created
by the unprecedented and unanticipated food stamp caseload growth
associated with the economic downturn beginning in 2008, and in order
to provide fiscal relief to counties as a result of this growth, a
county that meets the maintenance of effort requirement pursuant to
Section 15204.4 entirely through expenditures for the administration
of the Food Stamp program in state fiscal years 2010-11 and 2011-12
shall receive the full General Fund allocation for administration of
the Food Stamp program without paying the county's share of the
nonfederal costs for the amount above the maintenance of effort
required by Section 15204.4.
   (b) The full General Fund allocation for administration of the
Food Stamp program pursuant to subdivision (a) shall equal 35 percent
of the total federal and nonfederal projected funding need for
administration of the Food Stamp program. The methodology used for
calculating those projections shall remain the same as it was for the
2009-10 fiscal year for as long as this section remains in effect.
   (c) No relief to the county share of administrative costs
authorized by this section shall result in any increased cost to the
General Fund as determined in subdivision (b).
   (d) Subdivision (a) shall not be interpreted to prevent a county
from expending funds in excess of the amount required to meet the
maintenance of effort required by Section 15204.4.
   (e) This section shall become inoperative on July 1, 2012, and, as
of January 1, 2013, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2013, deletes or
extends the dates on which it becomes inoperative and is repealed.
  SEC. 31.  Section 43 of Chapter 4 of the Fourth Extraordinary
Session of the Statutes of 2009, is amended to read:
  Sec. 43.  (a) (1) Notwithstanding the rulemaking provisions of the
Administrative Procedure Act (Chapter 3.5 (commencing with Section
11340) of Part 1 of Division 3 of Title 2 of the Government Code),
the department may implement and administer the amendments to
Sections 11320.3 and 11454.5 of the Welfare and Institutions Code,
and the addition of Section 10545 to the Welfare and Institutions
Code, as contained in this act, through all-county letters or similar
instructions from the department until regulations are adopted. The
department shall adopt emergency regulations implementing these
provisions no later than July 1, 2010. The department may readopt any
emergency regulation authorized by this section that is the same as
or substantially equivalent to an emergency regulation previously
adopted under this section.
   (2) The initial adoption of emergency regulations pursuant to this
section and one readoption of emergency regulations shall be deemed
an emergency and necessary for the immediate preservation of the
public peace, health, safety, or general welfare. Initial emergency
regulations and the one readoption of emergency regulations
authorized by this section shall be exempt from review by the Office
of Administrative Law. The initial emergency regulations and the one
readoption of emergency regulations authorized by this section shall
be submitted to the Office of Administrative Law for filing with the
Secretary of State and each shall remain in effect for no more than
180 days, by which time final regulations may be adopted.
   (b) Notwithstanding the provisions of the Administrative Procedure
Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of
Division 3 of Title 2 of the Government Code), the State Department
of Social Services may implement any other applicable provisions of
this act through all-county letters or similar instructions from the
department.
  SEC. 32.  Sections 7, 8, 22, and 26 of this act shall not be
interpreted to alter the employer and employee relationship between
any provider of in-home supportive services and any governmental
agency, except in regard to the collection and disbursement of funds
required by this act.
  SEC. 33.  (a) Notwithstanding the rulemaking provisions of the
Administrative Procedure Act (Chapter 3.5 (commencing with Section
11340) of Part 1 of Division 3 of Title 2 of the Government Code),
the department may implement and administer the amendments to
subdivision (b) of Section 11460 of the Welfare and Institutions
Code, as contained in this act, through all-county letters or similar
instructions from the department until regulations are adopted. The
department shall adopt emergency regulations repealing these
provisions no later than December 31, 2011. The department may
readopt any emergency regulation authorized by this section that is
the same as or substantially equivalent to an emergency regulation
previously adopted under this section.
   (b) The initial adoption of emergency regulations pursuant to this
section and one readoption of emergency regulations shall be deemed
an emergency and necessary for the immediate preservation of the
public peace, health, safety, or general welfare. Initial emergency
regulations and the one readoption of emergency regulations
authorized by this section shall be exempt from review by the Office
of Administrative Law. The initial emergency regulations and the one
readoption of emergency regulations authorized by this section shall
be submitted to the Office of Administrative Law for filing with the
Secretary of State and each shall remain in effect for no more than
180 days, by which time final regulations may be adopted.
  SEC. 34.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution for
certain costs that may be incurred by a local agency or school
district because, in that regard, this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.
   However, if the Commission on State Mandates determines that this
act contains other costs mandated by the state, reimbursement to
local agencies and school districts for those costs shall be made
pursuant to Part 7 (commencing with Section 17500) of Division 4 of
Title 2 of the Government Code.
  SEC. 35.  This act is an urgency statute necessary for the
immediate preservation of the public peace, health, or safety within
the meaning of Article IV of the Constitution and shall go into
immediate effect. The facts constituting the necessity are:
   In order to make changes necessary for implementation of the
Budget Act of 2010, it is necessary that this act take effect
immediately.